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L ^3cv KV~u|n*-!^'-> ! :"• ~ !'L 



RECEIVED 

MAY Si 1990 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



I ^lORTfTg 



^^■■ 



'o 



aiSl L^CJEUS, 



PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Human Resources 

Justice 

Medical Examiners, 
Board of 

FINAL RULES 

List of Rules Codified 

Revenue 

Transportation 

ISSUE DATE: APRIL 1 6, 1 990 

Volume 5 • Issue 2 • Pages 152-235 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments ma\' be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too length^-. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Re\iew Commission. Upon ap- 
pro\'al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\'e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules ma\ be withdrawn by the 
promulgating agenc\' at anN' time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporar>' rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of uhich approximate- 
ly 35?-o is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is a\ailable in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0. 15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual \olumes may also be purchased with 
supplement ser\ice. Renewal subscriptions for 
supplements to the initial publication a\ailable. 

Requests for pages of rules or \olumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv \olume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, SC 2^04 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. ScarccUa Sr., 

Depulv Direclor 
Molly NIasich, 

Direclor APA Services 



1. TROPOSED Rl LES 

Environment, Health, and 
Natural Resources 

Environmental Management.... 1Q3 

Health Services 190 

Wildlife Resources 

Commission 206 

Human Resources 

Health Services 152 

Medical Assistance 191 

Justice 
Office of the Attorney 

General 192 

Licensing Board 
Board of Medical 
Examiners 207 

n. EESAL Rl LES 

List of Rules Codified 226 

Revenue 

Sales and I'se Tax 213 

Transportation 

Division of Motor 
Vehicles 222 

IIL CrMlLATIVE INDEX 234 



Staff: 

Ruby Creech, 

Puf)licaiions Coordinator 
Teresa Kilpatrick, 

Editorial A ssistanf 
Jean Shirley, 

Editorial Assistant 



NOR ni CAROLINA REGISTER 

Publication Schedule 

(January 1990 - December J 99/ J 



Issue 


Last Day 


Last Dav 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Liling 


Electronic 


Public 


l/ffective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


**++*+*+ 


**+*++** 


*++++++* 


+***¥*++ 


*++**+*> 


01 02 90 


12 07 89 


12 14 89 


02 01 90 


05 01 90 


01; 16.90 


12 20 89 


12 29 89 


02 15 90 


05 01 90 


02/01/90 


01 10 90 


01 18.90 


03/03.90 


06 01 90 


02/15,90 


01 25 90 


02 01 90 


03 17/90 


06 01-90 


03 01 90 


02 OS 90 


02 15 90 


03 31 90 


07 01 90 


03 15 90 


02 22 90 


03 01 90 


04 14 90 


07 01 90 


04 02 90 


03 12 90 


03 19 90 


05 02 90 


08 01 90 


04. 16,90 


03 23 90 


03 30, 90 


05 16,90 


OS 01,90 


05,01,90 


04 09 90 


04 17 90 


05 31 90 


09 01 90 


05/15 90 


04 24 90 


05 01 90 


06 14 90 


09 01 90 


06^01 90 


05 10 90 


05 17 90 


07 01 90 


10 01 90 


06 15 90 


05 24 QO 


06 01 90 


07 15 90 


10 01 90 


07,02 90 


06 1 1 90 


06 18 90 


08 01 90 


11 01 90 


07 1690 


06 22 90 


06 29. 90 


08 15 90 


11 01 90 


08/01 90 


07 11 90 


07 18 90 


08/31 90 


12 01 90 


08/15 90 


07 25 90 


08 01 90 


09 14 90 


12 01 90 


09 04 90 


08 13 90 


08 20 90 


10 04 90 


01 01 91 


09/14 90 


OS 24 90 


08 31 90 


10 14 90 


0101 91 


10,01:90 


09 10 90 


09 17 90 


10 31,90 


02 01 91 


10/15/90 


09 25 90 


10 02/90 


11 14 90 


02 01 91 


11/01/90 


10 11 90 


10 18 90 


11 30 90 


03 01 91 


11 15 90 


10 24 90 


10 31 90 


12 14 90 


03 0191 


1 2 03 90 


11 08 90 


11 15 90 


1 02 91 


04 01 91 


12 14 00 


11 21 90 


1 1 30 90 


01,13.91 


04 01 91 


01. 02 91 


12 07 90 


12 14 90 


02 01 91 


05 01 91 


02/01 91 


01 10 91 


01 IS 91 


03 03 91 


06 01 91 


03 01 91 


02 OS 01 


02 15 91 


03 31 91 


07 01^1 


04 01 91 


03 11 91 


03 18 91 


05 01 91 


08 01 91 


05 01 91 


04 10 01 


04 17 91 


05 31.91 


09 01 91 


06,03,91 


05 10 91 


05 17 91 


07 03,91 


10 01,91 


07/0 L'91 


06 10 91 


06 17 91 


07 31 91 


11 01 91 


08, 01 91 


07 1101 


07 IS 91 


08 31 91 


12 0191 


09/03 91 


OS 12 01 


OS 19 91 


10 03 91 


01 01 92 


10 01 91 


00 HI 01 


09 17 91 


10 31 91 


02 01 92 


11 01 91 


10 11 01 


10 18 91 


12 01 91 


03.01.92 


12 02 91 


11 07 91 


11 1491 


01 01 92 


04 01/92 



* The "Earliest Effecti\-e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the nde with The Adminntrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the nde at the next calendar month meeting. 



PROPOSED RULES 



TITLE 10 - DF.PARIMKNT OF HUMAN 
RKSOLRCKS 



A^. 



' oticc is hereby given in accordance with G.S. 
I50B-I2 that the Commission for Health Services 
intends to amend nde(s) cited as 10 NCAC 4C 
.0202; 7 A .0209, .0401: 7B .0/02. .0333, .0354, 
.0503; SA .0115, .0117 - .0119, .0205 - .0207, 
.02/3; SC .0802, .0806, .0901. .0903, .//06; SIl 
.0204 - .0205, .0207; /OA .045/, ./961: 101) 
./642; /OF .0001 - .0002, .0028 - .0035, .0039, 
.004/ - .0042; /OG .0/0/ - .0/03, .020/ - .0203, 
.030/, .040/, .0503 - .0504. .0506. .0508; repeal 
rule(s) cited as /O NCAC 8// .080/ - .0805; and 
adopt rule(s) cited as /O NCAC 7 A .070/; /OA 
.2/33 - .2/34; /OG .1/0/ - .///2, ./20/ - ./207; 
/5A NCAC /9l .0/0/ - .0/05. 

1 he proposed effective date of this action is 
September / , /990. 

1 he public hearing will be conducted at 9:00 
a.m. on .May 2/, /990 at Archdale Building, 
/fearing Room (Ground I'loorj, 5/2 North 
Salisbury Street. Raleigh. North Carolina. 



c 



omment Procedures: .4 ny person may request 
information or copies of t/ie proposed rules by 
writing or calling John P. Barkley. Department of 
Environment. Health, and Natural Resources, 
P.O. Box 27687, Raleigh. NC 276//-76S7, (9/9) 
733-7247. Written comments on these rule 
changes may be sent to Mr. Barkley at the above 
address. Written and oral comments on these ride 
clumges may be presented at the public hearing. 
Notice should be given to Mr. Barkley at least 
three days prior to the public hearing if you desire 
to .<:peak. The public will also be allowed to speak 
at the Commission meeting at the Chairman's 
discretion. 



CIIAI'Il K 4 



I IF Aim SI KMCIS: Ol I K F OK 
rill l)IKF{ lOK 



SI B( IIAI'IKK 4C - l'A^^IF^I I'KOCRAMS 



SECnON .0200 - FI.I{;iBII 
DFIKKMINAIIONS 



HA 



.0202 dftkrmination of financial 
llk;iuii.itv 

(a) A patient must meet the financial eligibility 
retiiiirements of this Subchapter to be eligible for 
benefits provided by any of the payment pro- 
grams, except as provided in Paragraph (b) of 
this Rule, financial eligibility for all pa\ment 
programs with state funds sliall be determined 
througli apphcation of the (jeneral Assembly's 



financial eligibility scale for non-medicaid med- 
ical programs. The definition of annual net in- 
come in Rule .0203 of this Subchapter and the 
definitions of family in Rule .0204 of this Sub- 
chapter shall be used in appl>ing the Cieneral 
Assembly's fmancial eligibility scale and the fed- 
eral poverty level for payment program eligibility 
purposes. 

(b) A person shall be financially eligible for the 
federal AIDS Drug Reimbursement Program if 
the person's net income is at or below the federal 
poverty le\el. 

Statuion- Authority G.S. !30A-5(3); /30A-/24; 
/30A-/27; /30A-/29; /30A-/77; /30A-205; 
/43B-/93. 

CHAI'IFK 7 - IIFALI II: FIMDFMIOLOCY 

SLBCIIAPIFR 7A - ACUTE COMMLNICABLE 
DISEASE CONTROL 

SECFION .0200 - CON I ROL MEASLRES FOR 
COMMLNIC.MJLE DISEASES 

.0209 CONTROL MEASLRES 

(i) The following are the control measures for 
hepatitis B infection: 

(2) The following are the control measures 
for persons reasonably suspected of being 
exposed: 
(C) when a health care worker or other 
person has a needlestick, non-intact skin, 
or mucous membrane exposure to blood 
or body fluids that po.,ses a significant risk 
of hepatitis B transmission, the following 
shall apply: 

(i) when the source is known, the source 
person shaU be tested for hepatitis B 
infection, unless already known to be 
infected; 
(ii) when the source is infected with 
hepatitis B and the exposed person is: 

(I) vaccinated, the exposed person shall 
be tested for anti-IlBs. If anti-HBs 
is less than ten SRU by RIA or neg- 
ative by HIA, the exposed pcrsim 
shall be given hepatitis B immune 
globulin, 0.06 ml; kg, I.\I immediately 
and a single does of hepatitis B vac- 
cine within seven days; 

(II) not vaccinated, the exposed person 
shall be given hepatitis B immune 
globulin, 0.06 ml, kg, I.\l immediately 
and, if at Iiigli risk for future expo- 
sure, begin vaccination with hepatitis 
B vaccine within seven days. 

(ill) When the source is unknown and the 
exposed person is: 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



152 



PROPOSED RULES 



(I) vaccinated, no inten'cntion is nec- 
essary'; 

(II) not vaccinated, unsaccinutt ' d. t4+i» 
oxpn '. od ptT 'i on ' Jiiill U^ gi' i L ' n 
hi. ' patiti '. ft iminunt ' globulin t*f m- 
nuinL ' globulin. U-Ufc- ml Ivu. Wi h«- 
m e diat e ly cmtir tf tri- higli Ht4T fof 
future L ' xpo '. urL ' . begin vaccination 
with hepatitis B \accinc within seven 
days if at hidi risk for t'uture expo- 
sure. 

Staiutoty Auihority G.S. J3QA-J35: l3iH-l44. 

SKCriON .0400 - IMMl M/AIION 

.0401 i)(xs \(;k and a(;k rf.qi irkmems 

1 OK IMMIM/AIION 

(a) I-\er\" indnidual in North Carolina required 
to be immunised pursuant to G.S. 13U.\-152 
through BOA- 157 shall be immunized against 
the tbllowing diseases by recci\ing the specified 
minimum doses of vaccines by the specitled ages: 

(1) diphtheria, tetanus, and whooping cough 
-- fi\e doses: tliree doses by age one year 
and two booster doses, one in the second 
year of life and the second on or after the 
fourth birthday and before enrolling in 
school (K.-1) for the first time; 

(2) oral poliomyelitis %'accine -- three doses 
of trivalcnt type by age two years and a 
booster dose of tri\ alent type on or after 
the fourth birthday and before enrolling 
in school (K-1) for the first time: Bf »»<* 
doc . L' (*f each h4^ tl+e thrt ' c mono' i cilont 
typL" . l*y rWt» (-W++ y e ar ', n+hi » do '.e evf 
triSiik ' nl t) pi. ' aft or t-hr^ loutlli binhduy rtH4 
Ix ' toii.' L'nrollina m- ' jchool I K 1 ) fof At* 
t+ft4 tinu ' : enhanced-potencv inacti\ated 
poliom\elitis \:iccine ma\' be subNtiluled 
for two doses 2I. o'"^'l poliom\elitis xac- 
cine: 

(3) measles (rubeola) \accine -- one dose of 
li\e. attenuated \accine by age two years; 

(4) rubella \accine -- one dose of li\c. atten- 
uated vaccine by age two years; 

(5) mumps vaccine -- one dose of li\e atten- 
uated vaccine by age two \ears. 

Statuton Auihority G.S. I30A-I52ic). -135.1. 

SECTION .0700 - FEDERAL AID.S DRl G 
KEIMIU RSEMEM I'K0(;RAM 

.0701 MEOrCAE ELIGIBMEIA 

Persons with III\' infection who qualify finan- 
ci;dlv shall be eligible to receive reimbursement 
for AZr throudf the 1-ederal AIDS Dnio Re- 



imbursement Program if they have documenta- 
tion that they ha\e or have had one of the 
following: 

(1) (:D4+ count less than 500 cells per cubic 
millimeter. 

(2) a diagnosis of .AIDS meeting the (x>nters for 
Disease Control sur\'ei]lance detlnition as 
published in the Morbidity and Mortality 
Weekly Report which is adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

(3) IllV-related thromboc\1openia and less 
than 20,000 platelets per cubic millimeter. 

Statuton Authority G.S. l30A-5(3). 

SEBCMAPIER 7B - WAV K\ CONTROE 

SECEION .0100 - (.ENERAE POLICIES 

.0102 DEFINITIONS 

7'he following definitions shall applv throusih- 
out 10 NCAC^7B: 
(-44 "-Ads i; . or> Commiltoo" '' hall nu ' iin t4+e »d- 
s i ' jor » commiltL ' o i+ft cortil' . ma blood ana 



(1) Qrt "/Vlcohol" shall mean ethyl alcohol; 

(2) (4) "Alcohol Concentration" shall mean the 
concentration of alcohol in a person, ex- 
pressed as: 

grams of alcohol per IHO milliliters of 
blood; 
grams of alcohol per 210 liters of breath; 



(a) 
(b) 



a blood alcohol concL'ntration ba '. od b« 
k¥Pt alveolar air blood ratio t>f 1:2. 100; 

(3) f4+ ".Alcoholic Be\erage" shall mean an\' 
bcNcrage containing at least one-half of one 
percent of alcohol by volume, including malt 
be\"erages, unfortified wine, fortified wine, 
spirituous liquor and mixed beverages; 

(4) f44 "/Mcohohc Breath Simulator" shall 
mean a specially designed constant temper- 
ature water-alcohol solution bath instrument 
de\ised for the purpose of pro\iding a 
standard alcohol-air mixture; 

(5) fA+ ".Ampul" means a small bulbous glass 
\'essel hermetically sealed containing an 
alcohol-sensitive reagent consisting of at 
least 3 ml. of a solution containing, within 
plus or mmus 10 percent, 0.025 percent 
ueiglit per \olurne (w \) potassium 
dichromale plus 0.025 percent \v v sihcr 
nitrate in 50 percent volume per \'olume 
(v \') sulfuric acid and distilled water; 

{^) (^ "Blood .\nal\st" shall mean an indi\id- 
ual holding a \'alid and current permit from 
the Director to perform chemical analyses 
of blood under the :iuthorit\' of G.S. 



75.? 



>:2 



SORTH CAROLISA REGISTER April 16,1990 



PROPOSED RULES 



20-139.1 and the provisions of these rules 
and regulations; 

(7) fX) "Breath-testing Instrument" shall mean 
an instrument for making a chemical analy- 
sis of breath and giving the resultant alcohol 
concentration in grams of alcohol per 210 
hters of breath or an instrument that reports 
an alcohol concentration as a blood aluohol 
concentration bu i iud eft- ttB- ahcHilur air blood 
ratio (-4' 1:2, 100; percent blood alcohol, 
which shall mean grams of alcohcil per 2 ill 
liters of breath; 

(S) fA| "Chemical Analysis" means a test of the 
breath or blot)d of a person to detennme his 
alcohol concentration, peribrmed in accord- 
ance with G.S. 20-139.1. The term "chem- 
ical analysis" includes duplicate or 
sequential analyses when necessary or desir- 
able to insure the integrity of test results; 

(9) f+(i^ "Chemical Analyst" shall mean a per- 
son granted a permit by the Department of 
Human Resources under Cj.S. 20-139.1 to 
perform chemical analyses of the blood or 
breath; 

( 10) f+-l-) "Commission" shall mean the Com- 
mission for I lealth Services of the North 
Carolina Department of Human Resources; 

(11) f4-2^ "Controlled Drinking Program" shall 
mean a bona fide scientific, experimental, 
educational, or demonstration program in 
which tests of a person's breath or blood are 
made for the purpose of determining his al- 
cohol concentration when such person has 
consumed controlled amounts of alcohol; 

( 12) f44^ "Department" shall mean the North 
Carolina Department of Human Resources; 

(13) f4-H "Director" shall mean the State Health 
Director, Division of H e alth Slm^ . icc i. , 
Epidemiology, North Carolina Department 
of I l umaii R e-. ourc e'. ; {"nvironment. Health, 
and Natural Resources; 

( 14) f-1-^ "1 ortified Wine" shall mean any wine 
made by fermentation from grapes, fniits, 
bernes, rice, or honey, to which nothing has 
been added other than pure brandy made 
from the same type of grape, fruit, berry, 
rice, or honey that is contained in the base 
wine, and which has an alcoholic content of 
not more than twenty-four percent of alco- 
hol by volume; 

(15) f+^ "Handling Alcoholic Beverages" shall 
mean the acquisition, transportation, keep- 
ing in possession or custody, storage, ad- 
ministration, and disposition of alcoholic 
beverages done in connection with a 
controlled-drinking program; 

( 16) f4^ "Malt Be\-erage" shall mean beer, 
lager, malt liquor, ale, porter, and any other 



brewed or fermented beverage containing at 
least one-half of one percent, and not more 
than six percent, of alcohol by volume; 

( 17) f-l-iv^ "Observation Period" means a period 
dunng which a chemical analyst observes the 
person to be tested to determine that he has 
not ingested alcohol or other fluids, 
regurgitated, vomited, eaten, or smoked in 
the 15 minutes immediately prior to the 
collection of a breath specimen; the chemical 
analyst may observe while conducting the 
operational procedures in using a breath- 
testing instrument, and if a chemical analyst 
other than the one conducting the analysis 
is the observer, both chemical analysts must 
sign the operational checklist; 

( 18) f+^ "Permittee" shall mean a chemical 
analyst currently possessing a valid permit 
from the Department to perform chemical 
analyses, of the type set forth within the 
permit; 

( 19) (-34} "Simulator Solution" shall mean a 
water-alcohol solution made by preparing a 
stock solution of 60.5 grams of alcohol per 
liter of solution (77.0 ml. of absolute alcohol 
diluted to one liter with distilled water, or 
equivalent ratio) and then preparing the sol- 
ution for simulator use as a control sample 
by using 10 ml. of stock solution and further 
diluting the solution to 500 ml. with distilled 
water, which then corresponds to the equi\- 
alent alcohol concentration of 0.10; 

(20) f54-} "Spirituous 1 iquor" means distilled 
spirits or ethyl alcohol, including spirits of 
wine, whiskey, rum, brandy, gin and all 
other distilled spirits and mixtures of cor- 
dials, liqueur, and premixed cocktails, in 
closed containers for beserage use regardless 
of their dilution; 

(21 ) {H^ "L'nfortitied Wine" shall mean wine 
that has an alcoholic content produced only 
b>' natural fermentation or by the addition 
of pure cane, beet, or dextrose sugar, and 
that has an alcoholic content of not less than 
six percent and not more than se\entecn 
percent alcohol by \'olume: 

(22) fii} "Verification of InstrumeiUal Cali- 
bration" shall mean \erification of instru- 
mental accuracy by employment of a control 
sample from an alcoholic breath simulator 
using solution as specified in Paragraph fitt} 
( 1')) of this Rule and obtaining t4+e i ' \|ii. ' oti. ' tl 
ro 'i ult '. luvi'l rtft- t-l+e iii 'i lruiuont. 



Pl ' cIl ' 1.1 re '' ult^ lo' i ol f i lial! be »« in ' . ' truiut ' ntal 
rc ' ading a result of 0.10 alcohol concen- 
tration, with an allowable instrumental de- 
viation not to exceed 10 percent under the 
expected rL ' ading. result. Deviations on the 



.■).J 



NORTH CAROLL\A REGISTER April 16,1990 



lU 



PROPOSED RULES 



high side are not permitted. WTien the pro- 
cedures set forth for instruments in Section 
.0300 of these Rules are followed and the 
expected r ej. ultr l e ' .e l result is obtained, the 
instrument shall be deemed properly cali- 
brated. 



Statutorv Authoritv 
20-139.1 (g). 



G.S. 



20-139.1 (b): 



SKCIION .0.^00 - BKFATH ALCOHOL TKST 
RLCLLAIIONS 

.0333 LOG 

Each permittee shall keep a log identifying each 
individual who refuses to submit to a chemical 
analysis, and recording the name, results, and 
other identifying information for each individual 
submitting to a chemical anahsis. Logs shall be 
kept on forms pro\ided by the Di' . ii ' ion trf Ik'alth 
SoP i icL's Department and a copy shall be for- 
warded monthly to the Director, hy t4%<» Ulth ef 
At* month folio ' i ving At* month fof ' ■ shich t+n* 
rL ' poit *-• I ' ubmillod. .\n\ log idcntif\ing a blood 
analysis should not be submitted until the result 
IS recorded. 



Statutuiy .-luthority G.S. 20-/39. 1 fb). 

.0354 REI'ORTINC; OF ALCOHOL 
CONCENTRA LIONS 

(a^ WTien performing chemical analyses of 
breath under the authority of G.S. 20-139.1 and 
the provisions of these rules, chemical analysts 
shall report alcohol concentrations on the basis 
of grams of alcohol per 210 liters of breath. /VU 
results shall be reported to hundredths. Any re- 
sult between hundredths shall be reported to the 
next lower hundredth. 

(-b-f \Mu ' n pL'rioiTnina clK ' niical analy '. i?; . el 
brL. ' ath under ^\^ authority el G S. 2(1 13Q.1 a«4 
t+H* pro' i iMonr . ef tho 'i L* nilL": . . a r e port by a 
chemical iinaly '. t el a breath tO '. l reading el Wr+U 
percent by vr eight el alcohol m a peroon'f . blood 
• jhall b«* deemed a^ reporting Or-W alcohol con 
c e nlnilion. 

Stanaon .luthority G.S. 20-139. J fb). 

SKCTION .0500 - ALCOHOI SCRELMNG TEST 
DEMCES 

.0503 APPRO\ED ALCOHOL SCREENING 
TEST DEMCES: CAI IBRATION 

(b) Calibration of alcohol screening test devices 
shall be verified at least once during each se\"en 
day period of use by emp!o\ment of a control 
sample from an alcoholic breath simulator, a^ 
defined m -W NCAC ^ 01( 1 2(5). or bv i*?e el a 



NALCO standard. wiA a ft4D alcohol conocn 
tration value, aft4 im m uring A»4- At* expected h*- 
«ik- it*i obtained. The de\ice shall be deemed 
properh' calibrated when the result of 0.09 or 
0. 10 IS obtained. 

Slatuton Authority G.S. 20-16.3. 

CIL\PTER 8 - HEALTH: PERSON.VL HEALTH 

SLI5CIL\PTER 8A - CHRONIC IMSEASE 

SECTION .0100 - MIGRANT HEALTH 

.0115 ELIGIBLE MIGRANTS 

All migrants are ehgiblc for participation in the 
fcc-for-ser%'ice reimbursement aspect of the pro- 
gram. Migrant status shall be determined bv the 
proN'idcr of medical care ser. ices and certiticd bv 
a Certification of .Migrant Status fonn siaied bv 
the patient, a person responsible for the patient, 
or the pro\'ider. Certification forms are a\adable 
from the Office of Purchase of Medical Care 
Services. NC Department of 1 inironmcnt. 
Health, and Natural Resources. P. (3. Box 276S7. 



Raleigh. NC 2761 1-76S7. There are no fmancial 
eligibihtN' requirements. 

Statuton- Authoritv G.S. 130 A- 223. 



.0117 ALTHORIZATION 

(a) .A service must be authorized before the 
Migrant Health program will provide reimburse- 
ment. R e qu e sts fof authorijiation may be made 
te Ae Migrant I lealth program " ; ' ■ nuriing hai^ . on 
at- local health department ' ; , ef de ' . i ignated federal 
Primcirr Car e e* .Migrant Health Centeni ef itm- 
other per 'i on de ' jignated by tin* program manager. 
Requests for authorization must be submitted on 
an .Authorization Request lonn. DHS 3056. and 
include a signed Certitlcation iA .Migrant Status 
form. Forms ma\ be obtained trom the OHice 



of Purchase of .Medical Care Ser\ices. NC De- 
partment of l-n\ironment. Health, and Natural 
Resources. P.O. Box 2'^h\i. Ralei-h. NC 



2761I-76S7. 



and 



II 



jdures for 



lime frames 

authorization and claims processing are found in 
10 NCAC 4C. Uftt^ authori/edr At* .Migrant 
i lealth progiiim h committed k* reimbur ' j e At* 
pro' i uler at- a Fak^ e^ i tabh ' jhed » W NCAC 44^ 
. (1 100. Reimbursement rates are found in rules 
in 10 NCAC 4C. 

(b| Only those sen'ices listed in Paragraph (a) 
of Rule .0118 of this Section shaU be authorized 
for reimbursement. 

fe| When a rec}ue -i t fe* authoriitation *-• w- 
cei' t ed. At* agency rec e i' i inu Ae reque ^. t ■■ hall 4e- 
tennin e il t4+t* '. eP i ice ' i i^a« bt? provided through 
oth e r public programs ef by u - jing other lund 'i 



755 



.■).•-' 



SORTH CAROLISA REGISTER April 16,1990 



PROPOSED RULES 



BF ro i iourcLT i . W the ULTviue J i eaft- t>e provided 
through another f . oiirc e , t+n* ug e noy y . huU trtke 
appropriate ntcp'- f te r t' f e r t4*e mignint fe* A<» 
( l Or i iou. 

fd^ W ' ^hi ' n a» (uitpatiunt ji e rvic e i^ authorij'.od, 
t4*e agency malcing the authoni'ation f . hall id e n 
(+(y rt«4 refer the migrant t& »» appropriate p«+- 
vider. 

fef '44*e ag e ncy approving a» authorisation 
!. hall l"op . V ' aid the original a«4 a- copy f4 Dl IS 
U'S I k+ the pro' i ider upon appro' i iil. A copy 
'. hall he '. ubmitt e d te- the Migrant I lealtli IVo 
gram Olfice upon appro' i (d. 

(f) Claims fof payment mu ;. t have the original 
authorination approval attached. Copier , t+t t4*e 
authorij'ation form wttt m+t he honored fw pciy 
m e nt. 1 (ich provider mu -. t liase » separate fcH+- 
thori/ation cw+d authorization number fof each 
r . erT i' ice provid e d. 

fg-)- Inpatient authorization ji hall he limit e d fe» 
folio vv ' i: 

f44- llo '. pital r .e n ice (+h4 atlmitting phy . ician 
! . ep i ice may he authorij'.ed fof the ftft-t 
three days ef- e ach admisoion: 
f5^ (\)n '. ulting phv '. ician j. enice may he tHi- 
ihori/.ed fof tn+e d«y pef admii .'. ion: tf 
consulting physician service fo more than 
e«e '. peciidty i^ required, service fof each 
sp e ciidty may he iiuthon/ e d fof t+He day 
pef admission; 
(4) Surgeon s e rs ic e may he authorized htf t4te 
day before surgery, the day ef surgery aft4 
the ^i¥f aft e r surgery: 
f+) i\n e-. th e siologi ;. t ;ie rvic e may he authoriz e d 

fof the day *-4' r i urgery; and 
{S} Radiologist senice f^Pi^ he authorized fof 
a ma.\imum t4 three days pef admi 'i-. ion. 

Statutory Authority G.S. I30A-223. 

.0118 COVKKED SKRMCFS 

(a) The Migrant Health prognun shall provide 
reimbursement for the following services pro- 
vided to migrants which are necessary and essen- 
tial for their immediate health needs: 

( 1 ) ambulatop,- care services m the form of 
physician and dentist services; 

(2) other services including psychologist's and 
psychiatrist's professional fees, laboratorv' 
tests, diagnostic x-rays, dnigs and 
medications; 

(3) hospital outpatient and emergency room 
services; and 

(4) hospital inpatient services. 

(b) Reimbursement for inpatient aulhon/ation 
services shall be limited as follows: 



01 

01 



1 lospital service and admitting physician 
service may he authorized for the first 
three days of each admission; 



ill 
1^1 



Consulting ph\ sician service mav be au- 
thon/ed for one day per admission; if 
consulting phvsician service in more than 
one specialty is required, service for each 
speciality may be authorized for one day 
per admission; 

Surgeon service may be authon/ed for the 
day before surger\'. the day of surgery and 
the day after surgerx'; 

Anesthesiologist service may be authorized 
lor the day of surgery; and 
Radiologist sen'ice may be authorized for 
a maximum iM three days per admission, 
(c) f4*f The Migrant Health Program shall not 
provide reimbursement for the following services: 

(1) hospital inpatient services provided for 
injuries; and 

(2) services provided for custodial care. 

Siatutoty Authority G.S. /30A-223. 

.0119 ri AIMS KOK I'A^MRNT 

-hhe prov id e r shall r . end a claim fof payment fof 
authoriz e d s .e rvic e s aft4 a copy t+f the authori 
zation to mi tB- the Migrant I lealth program. 
1 ime frame ', fof the submis -. ion affo process . i ng 
H+ claim ', fof pav ment afe lounil h+ 444 NCAC 4Qt 
Claims for reimbursement shall be submitted m 
acc<irdance with rules tound in 10 NCAC 4C. 



Stalutoty Authority G.S. I30A-223. 
SKCIION .0200 - HOMK IIKAI IH SERVICKS 

.0205 GKM'.KAL 

(b) The Home Health Services program is ad- 
ministered by the I lealth C?are l?ranch. Division 
Bi Health Serv ices, North Carolina Depcutm e nt 
t4' Human Re '. ource '. . +^44^ Bt+* im^ Raleigh, 
>^ 27602. Section. Dnision of Adult lieafth. 
North Carcdina Department ot 1 n\ ironment. 
Health, and Natural Resources, I'.O. liox 27hS7, 
Raleiuh. N(.- 27611-76S7. 



Statutory Authority G.S. I30A-223. 

.0206 1)1 IIMIIONS 

The following definitions shall appK througli- 
out this Section: 

(.^) "Program" means the Home Health Ser- 
vices program. Proiiram. 

(4) "Skilled Nursing Senices" means skilled 
nursinii services as defined in Home Health 
Medicaid Manual (HI I. MM) Section 5202.1. 
Copies of the IIH.MM mav be inspected at 



5:2 NORTH CAROLINA RE(,ISTER April 16, 1990 



I>6 



PROPOSED RULES 



or obtained from the I lome I lealth Services 
Program OtTice. tW4 Nt Wilmington St root, 
i>^ U^ irn^ Raluiuh, XofA Carolma 
27603. 
(7) "Medic;!] Social Services" means medical 
social ser%'ices as defined in 45 C .1 .R. 



Copies of the rule may be inspected at or 
obtained from the Home Health Ser\'ices 
Protrram Office. 44>4 Xr W'ilminuton Strci ' t, 
iuS U^ 2mh Rul f iah. Xt*f4 Carolina 
27MI2. 

(8) "Durable .Medical Equipment (DME)" 
means durable medical equipment as defined 
in 1 l e ulth Car (* I'inancinu iVdmini -. tration 
(llCbA) publication ■14-4T^ HilMM Section 
5202.5. Copies t4' HCl i\ publication 44-4 
ma\ be inspected at or obtained from the 
Home Health Services Protzxam Office. tU^ 
>^ W'ilminLjton Str e c ' t. PrO. 4i»* 2m4^ 
Rak-iuh. North C\irolina 27602. 

(9) "Medical Supplies" me:ms medical sup- 
plies as defmed in HCFiX publication 15 1. 
HHMM Section 5202.4. 

(10) "Prosiam Reimbursement Rate" means 
the: 

(a) Int e rim Medicaid Fate Medicaid maximum 
for nursing ser\'ices. home health aide 
services, im4 therapy services, durable 
medical equipment, and ancillaiT medical 
supiilies; and 

(bj Intenm Medicare rate for medical social 
services. durablL> mod l eal oquipmont, i*ft4 
ancillap/ m e dical L i upplie i : . . 

(11) "Third party payor" means an\' person or 
entity that is or may be indirecth' liable for 
the cost of service furnished to a patient. 
Third party payors include, without limita- 
tion, .Medicaid, Medicare, aft4 pri\ate insur- 
ance, \"eterans .Administration, Children's 
Special I lealth Sl■■^^^ices and Workers Ccnn- 
pcnsation. 

Slatutoij Authority G.S. J 30.1-223. 

.0207 KHMHl KSFMKNT H NDS 

(a) Ihe Home Health Ser\ices program Pro- 
irram ma_\' pro\ide reimbursement funds to home 
health agencies to pay for home health ser^■ices 
the\ provide to eligible patients. 

(b) Application for reimbursement funds shall 
be made to the program and shall include the 
followinii infonnation in a format specified bv 
the HHST: 

( I ) a written plan wliich includes aiiencv 
backCTounvl. counties auencN serves, ser- 
\iccs pro\'ided. and referral scuirces: 

f-2-f » proposed budiiL ' t: 



(2) f34 a list of the agency's charges, a copy of 

the most recently filed Medicare cost re- 
port; afi4 ttn* ourront int e rim Medicar e 
aft4 Medicaid rator » fof nonicL". . : aft4 

(3) f4> a statement concerning the agency's ef- 

forts to serve patients who are unable to 
pay for services. 

Statutory Authority G.S. /30A-223. 

.0213 MOMTORING 

Each home health agency receiving reimburse- 
ment funds shaU submit the foUowing informa- 
tion in a form as prescribed by the program: 
(4-1 -J-ht* a gone; , i' . total oporciting co ' jt. ef total 
homo health operating etM- tf t4*e agency i* 
a loccJ health dopartniont Bf other multi 
function agency . *t weii a* tipocifio ooctioni i 
e4~ ffee ugoncy'i . Medicare ee^ report: 

( 1) (r^ Home He;dth Ser\ices Program Quar- 
terh Report: 

{4i Home 1 loalth Sonice - j program annual Fe- 
poil: 

(2) f+)- Quarterly Expenditure Report; and 

(3) (4f Other infonnation nccessar>' for the ef- 
fective administration of the program. 

Statuioty Authority G.S. /30A-223. 

SUBCHAPTER 8C - NUTRITION AND DIETARY 
SERMCES 

SECTION .0800 - EI.IGIBIHTV FOR WIC 
PROt.RAM PARIICIPAHON 

.0802 .\PPLICATION 

(a) An indixidual shall be considered an appli- 
cant for the WIC program when the indi\idual 
\isits the local WIC agency and specifically re- 
quests to participate in the program. At this time 
the local WIC aaencv shall fill out mi^ 
PI IINR Form 3367. WIC Certification lomi. 
or complete application procedures as outlined 
in the W IC I ocal Data 1 ntr% .Manual. I liis 
fonn IS a\ailable from the Nutrition rtH4 f^iotiin' 
SonicoL i Branch. Di' i i '' ion h+ I loalth Ser\ ice; . . 
U-a- U^ im^ Raloigh. Xe*<44^ Carolina 2'^602. 
W 1 C ' Section. Di\ision of Nkitemal and Child 
Health. I.^epartment of In\ in^Tment. He:ilth. 
and Natur:il Rescuirces. 



P.O. Box 2'^6X' 



Raleidi. NC 2^611-76X7. 



Stdtutoiy .Authority G.S. /30A-36/. 

.0806 DOCUMENT.VTION OF CERTIFICATION 

(a) 7 C.F.R. 246.7 which is adopted by refer- 
ence in accordance with Cj.S. 150B-14(c). re- 
quires that specific information be recorded on 
the same or separate fonns. that the fomis be 



757 



5:2 AORTH CAROLL\.4 REGISTER April 16. 1990 



PROPOSED RULES 



program as contained in .060 1(a) of this 
Subchapter; and 
infant juice. 



signed by the indi\idual making the determi- 
nation and that certain statements be read and 
signed by the participant. ftHS- PniNR Fonn (K}_ 

3367, WIC Certification Form, or DFHNR 

Form 3717. Informed Consent Signature lorm. Statutory Authority G.S. I30A-36I 
shall be completed in order to meet these re- 
quirements. 



Statutoty Authority G.S. I30.A-36I. 

SRCTION .0900 - WIC F'ROGR.\M I OOO 
P.ACKAGE 

.0901 ALLOWABLE FOODS 

(b) The following exclusions from the food 
package have been adopted by the North 
Clarolina WIC program and appro\ed by the 
L nited States Department of Agriculture, Food 
and Nutrition ser\icc: 

(-14 knv- cdlon e miunt formulu - j, irer-r containing 
k?«> than 6? kilogram! . {*ef -WW millilitcrQ 
t+f 50 kilocaloriLV . pH*f Huid ouncL ' **• 
r . tuiukird dilution; 

(1) (4^ shredded cheese; 

(2) fr^ eggs other than grade A large or extra- 

large fresh eggs; 

(3) f-H infant cereal-fruit and ccreal-fomiula 
combbiations; 

(4) (4) cheese in excess of four pounds per 

month, unless a physician documents the 
presence of lactose intolerance; 
f6) incompk ' tL' fonnulu '. , irerr tho ' . i o requiring 
t+K* addition »4-" »»¥ ingrodiont otli e r than 
' ■ ' I 'atL ' r prior to bL ' ing r . L'P i ud m » liquid 
state; 

(5) f?} all formulas other than standard milk- 

based iron fortified infant fomiulas. unless 
a phy sician prescribes a fomiula and doc- 
uments the presence of a medical condi- 
tion, the reason for the specific formula 
prescribed, and the duration of its use; 

(6) fV)- if the WIC program executes a sole 

source contract for an infant fomiula, that 
formula shall be specified in the \endor 
contract and on the food instrument, and 
aU other formulas shall be excluded from 
the food package, unless a physician pre- 
scribes a ditfcrent fonnula and documents 
the presence of a medical condition, the 
reason for the specific formula prescribed, 
and the duration of its use; 

(7) fU) other foods determined b\ the state 

agency to be inappropriate for pro\ision 
as supplemental foods througli the WIC 
program as a result of their composition, 
packaging or promotion in a manner 
which is contrary to the purpose of the 



.090.^ LSK OK WIC SI PPI.KMKNTAL FOODS 

WI(~ foods shall be provided for consumption 
m t+«» hctmo by the participant and not be dis- 
tributed for use by institutions such as child and 
day care centers. 

Statutory Authority G.S. I30A-36I . 

SECTION .1100- WIC PROGRAM FOOD 
DIS IRIBLTION S^S^E^I 

.1 106 AC1IIORI/.ED WIC VENDORS 

(b) in order to participate in the WIC program, 
the \endor shall: 

(16) Maintain a minimum inventory of eligi- 
ble food items in the store for purchase 
by WIC Program participants. All such 
foods shall be within the manufacturer's 
expiration date. Ihe following items and 
sizes constitute the minimum in\entor\ 
of disable food items for stores classified 
1 - 4^ 
Food Item Type of In\cntory 



.Milk 




Whole tluid: gallon 
and half gallon 
-and- 

Skim lowfat fluid: 

galkm or half gallon 
Nonfat dry: quart 

package 
-or- 

INaporated: 12 oz. 

can 


Cheese 




2 types 


Cereals 
Eggs 




4 t\pes (minimum 
box si/.e^ 12 oz.) 
Grade A, large or 
extra-large: white 
or brown 


Juices 




Orange juice must be 
available in 2 types. 
A second flavor must 
be available in 1 
type. Fhe types are: 
12 oz. frozen, 46 oz. 
can, 64 oz. container 


Dned P 


eas 




and B 


cans 


2 types 


or 
Peanut 
Infant 


Butter 


18 oz. jars 



5:2 



SORTH CAROLINA REGISTER .April 16,1990 



/.>,^ 



PROPOSED RULES 



Pruit Juic e 
Infant 
Cereal 



Infant 
Formula 



i juicL'li; 4t5 Vhhr jtH* 

2 cereal grains; 
8-oz. boxes (one 
must he rice) 

2 types; or 1 type 
contracted for by 
the \\'\C program 
and designated on 
the food instrument; 
13 oz. concentrate 



Quantities Required 



Total of 6 gallons 
fluid milk 



Total of 5 quarts 
when reconstituted 



Total of 6 pounds 
Total of 12 boxes 

6 dozen 



TT \rT CTT^TT I T I 't. 

i« '. tocic 

10-12 oz. frozen 
10-46 oz. canned 
6-64 oz. containers 



3 one-pound bags 
3 jars 

6 boxes 



62 cans 



linfamil (I uw Iron), SMA l. ^ uw Iron, l^nsure. 
Ensure Plus, Osmolite, Sustacal lIC, Sustacal, 
Isocal, Fnrich, Finfamil Premature, PediaSure, 
Polycose and MC'T Oil. All vendors (classifica- 
tions 1 through 5) shall supply milk or soy based, 
32 oz. ready-to-fced or powdered infant formula 
upon request. 

Statutoiy Aulhoriiy G.S. I30A-36I. 

SLHCIIAI'IKR «ll - FAMIIA PLANNING 

SFXTION .0200 - LOC.M. I>R()\ IDER FUNDING 

.0204 I INIMNG STII'l LA I IONS 

(b) local providers shall offer family planning 
ser\'ices to persons eligible under "Titles XIX t+fni 
>rX- Title Xl.\ of the Social Secunty Act. The 
local provider shall make every effort to: 



(1) 
(2) 



Tor store classification 5, the following applies: 
SuppK within 4S hours of \erbal request by ku'al 
\\ iCf agency staff an\ of the following products: 
Nutramigen, Portagen, Pregestimil, Similac Spe- 
cial Care 24, Similac 60 40, Similac (1 ow' Iron). program fund '. . 



Reco\er third party revenue; 
1 lave a procedure for identifying all per- 
sons served who are eligible for third party 
reimbursement; 
(3) Bill third party payors for reimbursement 
of costs incurred in providuig services to 
eligible individuals, 
(d) Local providers will not be required to ex- 
pend prt)g'am income in the same budget year in 
which it was earned, but must maintain a strict 
accounting of receipts and expenditures to assure 
tliat such income is accounted for properly and 
is budgeted in the program in which it v\as 
earned. IncoinL * cariii- ' d during t4+e grant p e riod 
ma; i b*» rL'tuiiu ' d by Af family planning bniiich 
fof local prosid e r ;. rtft4 U '. ed ft+f tmy purponcV f h+ 
accordance ' ■ sith Pv.ulo .0101 ef this Subchapter. 

Slatutcny Authority G.S. I30A-I24. 

.0205 THIRD PARTY RF.IMBLRSEMKN I 

PROCFDLRFS FOR LOCAL PROMDFRS 

fb+ I ocal providers V i hose Title X4-X- rH+4 -X^ 
earning ', exceed ihe amount programmed Hrte- 
their budget ', wm- twe t+h* additional earning ' ' , te 
meet already e.vi '. ting program neeils ef they ««* 
have t4+e family planning branch hokl t4+e inldi 
tional funds h% resene ft+f program expansion 
during t+h* t+e^ budget period. Amounts kt44 m- 
reserve shall not- e.Kceed reci '. onabl e levels estab 
li '. hed by (4^ lamily |ikmiiing branch. 

(b) (-tH Budgeted amounts for Title XIX rtft4 
Title X^ shall be based upon actual earnings 
during the previous year, carry'over funds, as well 
as allocations aft4 projected earnings during the 
current year. L ocal providers vvtli be reinihiH '.e d 
biised only t-vH- availabl e receipts. A I allure te 
earn (4+e budgeted amount t4 thud partv f&- 
imbur '. ement wtU result Wt a- retluction nf total 



7.59 



>:2 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



(c) (4^ I'ach local provider participating in any 
form of third party reimbursement shall budget 
all such funds into the program which earned the 
funds. I he Title XIX »r4 X^ earnings shall be 
utilized to support the overall program. Local 
providers shall have an accounts receivable sys- 
tem which complies with generally accepted ac- 
counting procedures. r'amed re\enue that is 
budgeted and available to be disbursed shall be 
considered the first dollar spent. 

Statutory Authority G.S. 130.4-124. 

.0207 l)IK^XT PATIENT CH.XRGKS 

(e) No patient charges shall be assessed when 
income falls below 4-i# 100 percent of federal 
Poverty (Juidelines. -ht counti e'. t+w+l- roci ' ivo 4+- 
t-k* >r h^A^■ do H04- participate h% lillt * X.\. fh+ No 
patient charges shall be assessed to patients cer- 
tified eligible for Medicaid, or in a Medicaid ap- 
plicant status. »f tho 'i o L ' ligiblc ' to- rc'cci' i c ' i. lt' i ice" . 
roimbur i. c ' d by Social Sor^ i iccs Block (jnint 
I'undi . . 

(j) In the absence of any changes in federal 
regulatif.ns affecting the dcli\er\' of services to 
minors and the assessment of patient charges for 
services provided to minors, family planning 
project directors (Local Health Directors) may 
treat unemancipated minors as "a family of one" 
and consider them on the basis of their own re- 
sources. In such cases, the minor's income must 
be reported through the patient data system. 
Third-party sources (e.g., Title XIX Titlo X^ 
and private insurance) shall be billed if eligibility 
criteria are met. 

Statutory .-luthority G.S. /30.4-/24. 

SECTION .0800 - SOCLVL SERVICES BLOCK 
GRANT El NDS (REPEAI ED) 

.0801 (iENERAL 

.0«02 Al LOCATION 

.080.1 TARGET I'OITI .\TION 

.0804 LINANCIAL ELIGIBILITY 

.0805 CO\ ERED SERVICES 

Statutoty .iut/writy G.S. I30,\-I24. 

CHAPTER 10 - IIEAIIH SERMCES: 
ENMRONMENIAI IIEAl Lll 

SLBCII.VPLER 10. V -S.\NITAIION 

SE( TION .0400 - SANI lAI ION OF 

RESLM RAN IS AND OTHER EOODII ANDLING 

ESIABLISIIMENTS 

.04.51 KEERIGERAI ION: THAWING: AND 
PREPARATION OF FOOD 



(c) Food shall be prepared with the least pos- 
sible manual contact, with suitable utensils and 
on preparation surfaces that have been cleaned 
and rinsed prior to use. I 'or the purposes of this 
Rule, the effective use of plastic disposable gloves 
or. anti-bacterial scxips. UUions, or dips shall be 
considered as compKing with this Rule. Prepa- 
ration suriaces which come in contact with po- 
tentially hazardous foods shall be sanitized as 
provided in Rule .0460(c) of this Section. Raw 
fruits and raw vegetables shall be thoroughly 
washed with potable water before being cooked 
or served. 

Statutorj: Authority G.S. I30A-24S. 

SECnON .1900 - SEWAGE I REATMEN F ANH 
DISPOSAL S\S lEMS 

.1961 MAINTENANCE OF SEW AGE SYSTEMS 

(b) System management in accordance with 
Tables V(a) and V(b) shaU be required for all 
systems installed or repaired after Januar> I, 
+004. iqQ2. After Januan- 1, 40^4. 1 002, system 
management in accordance with 1 ables V(a) and 
V(b) shall be required for all e.^dsting Type V and 
VI systems. After July 1, 4^^*47 V)'M, no im- 
pro\ement permit shall be issued tor iNpe IV, 
lype V, or Type VI systems, unless a manage- 
ment entity of the type specified in Table V(b) is 
specificaUy authorized, funded, and operational 
to carry out tliis management program in the 
county or service distnct in wliich the proposed 
system is to be located. A contract shall be exe- 
cuted between the system owner and a manage- 
ment entity prior to the issuance of the Operation 
Permit. A condition of the Operation Permit 
shall be that a properl\' executed contract be- 
tween the system owner and a management en- 
tity shaU be in effect for as long as the system is 
in use. Inspections of the system shaU be pcr- 
fonned by a management entity at the frequency 
specified in Table V(b). The m;inagement entity 
shall report the results of their inspections to the 
local health department at the specified reporting 
frequency. However, where inspections indicate 
the need for system repaus, the management en- 
tity shall notify the local health department 
within 4S hours. The management entity shall 
be responsible for assuring routine maintenance 
procedures in accordance with the conditions of 
the Operation Permit. 

Statutoiy Authority G.S. L^OA-204: /30A-335(e) 
a/id (f). 

SECTION .2100 - Rl LES GO\ERNING THE 

SANIT.VTION .\ND SAFETY OF MIGRANT 

IIOLSING 



.■>.•-' 



P^ORTH CAROLINA REGISTER April 16,1990 



160 



PROPOSED RULES 



.2133 DtFIMTIONS 

The following definitions shall apply through- 
out this Section; 

(1) "Migrant housing facility" means "migrant 
housing" as defmed in G.S. 95-223. 

(2) "Department of Environment, Health, and 
Natural Resources" or "Department" means 
the North Carolina Department of En\i- 
ronment. Health, and Natural Resources. 
The term also means the authoriy.ed repre- 
sentative of the Department. 

(3) "nnvironmental Health Specialist" means 
a person authorized to represent the De- 
partment of I:n\ironment, Health, and Na- 
tural Resources on the local or state le\'el in 
making evaluations of migrant housing wa- 
ter quality or water saniti/ation pursuant to 
state laws and rules. 

Statuimj Auihority G.S. 95-225. 

.2134 WAlKRS.AMT.VnON .\ND QL.VLITV 

(a) .V water supply of a safe, sanitary quality 
shall he pro\ided. Wells shall be located, con- 
structed, maintained, and operated in accordance 
with 10 NC-AC lOD .0600 through .2600, "Rules 
Governing Public Water Supplies", 15 NCAC 
2C .0100, "Wells Construction Standards". .Any 
well constructed prior to September 1. 1990 and 
not regulated under 10 NC.AC lOD .0600 
through .2600, "Rules Governing Pubhc Water 
Supplies" shall complv with all the requirements 
provided m 15 NCAC 2C .0100, "Well Con- 
struction Standards" with the following applying 
in place of the requirements in Rule .0107 
(a)(l|(B). (a)(1)(C), and (a) (2|: 

".A well shall be accepted as meeting 
this Rule if it is located at least 25 feet 
from any water-tight sewage col- 
lection facility (such as cast iron pipe) 
and at least 50 feet from any other 
sewage facihty or any other source of 
pollution or contamination." 
-A spring shall be located, constructed, main- 
tained, and operated in accordance with 10 
NCAC ID.A .1700. "Rules C}oveming the Pro- 
tection of Pri\ate \\'ater Supphes". Copies of 
15 NCAC 2C .0100. "Well Construction Stand- 
ards", ma_\' be obtained from the Division of 
Environmental .Management, Copies of 10 
NCAC IDD .0600 through .2600. -Rules C}ov- 
eming Public Water Supplies", and 10 NCAC 
lll.A .Pnn. •■ Rules Govcmmg the Protection of 
Pn\ate Water Supplies", may be obtained from 
the Di\ision of En\ironmental Health. Both 
Di\isions are addressed at P.O. Box 276S7. Ra- 
leiuh, NC 27611-7687. 



(b) Prior to occupancy of a migrant housing 
facility, water samples for bacteriological analysis 
shall be collected by an en\'ironmental health 
specialist and submitted to the Division of Eab- 
oratory Services of the Department of Environ- 
ment, Health, and Natural Resources or another 
certified laboraton,' for analysis. A sample nega- 
tive for cohform organisms shall be obtained 
prior to the issuance of health department ap- 
proval. Samples for bacteriological analysis may 
be collected after occupancy to determine con- 
tinued safety for drinking, bathing, and other 
domestic usage. 

(c) At any time prior to, or during, occupancy 
of the migrant housing facihty, other tests or 
water quality may be collected. 

(d) The water supply shall be deemed imme- 
diately unsafe for domestic usage under the fol- 
lowing circumstances; 

( 1 ) L'pon confirmation of the presence of fecal 

colLform bacteria. 
(2| L'pon determination of the Department's 

toxicologists as to the immediate threat to 

life posed by the presence of chemical 

constituents. 
In these cases, the environmental health speciahst 
shall immediately contact both the migrant 
housing operator and the Migrant Housing Di- 
\ision, North Carolina Department of Eabor. 
.AU \erbal contact made by the environmental 
health speciahst shall be confirmed in wnting. 

(e) The water supph' shall be deemed unsafe 
for domestic usage under the following circum- 
stances; 

(1) l'pon confirmation of the presence of a 
total colifomi count. 

(2) L'pon the determination of the Depart- 
ment's toxicologists as to the threat to 
health posed by the presence of chemical 
constituents. 

In these cases, the environmental health specialist 
shall, within tliree da\ s. notify the migrant hous- 
ing operator and the .Migrant Housing Dhision, 
North Carolina Department of Labor. All verbal 
contacts made by the en\"ironmental health spe- 
ciahst shall be confirmed in writing. 

Slalutoij .-luihorit}- G.S. 95-225. 

SLBCHAPIKK lOD - WAl KK SI I'IM.IFS 

SKCnON .1600 - W AI KR QL AIHA 
SIANDAKDS 

.1642 I'LBLIC NOTICE 

(a) The supplier of water shall pro\'idc notice 
to consumers sen'ed by a public water s\stcm 
when the s\stem fails to compl\" with a maxi- 
mum contaminant le\el or treatment technique 



161 



.\ORTH (AROLl.M RFCISTER .4pril 16,1990 



PROPOSED RULES 



established by this Subchapter or which fails to 
comply with the requirements of any schedule 
prescribed pursuant to a variance or exemption 
granted under this Subchapter as follows: 
( 1) F'or a community water system: 

(A) Notice shall be given by publication in 
a daily newspaper of general circulation in 
the area served by the system as soon as 
possible, but in no case later than 14 days 
after the violation or failure. If the area 
is not served by a daily newspaper of 
general circulation, notice shall instead be 
gi\'en by publication in a weekly newspa- 
per of general circulation serving the area; 
and 

(B) In addition, notice shall be gi\en by 
mail delivery (by direct mail or with the 
water bill) or by hand deliver,', no later 
than 45 days after the \iolation or failure. 
Notices shall be repeated at least once ev- 
ery three months for as long as the vio- 
lation or failure exists. Mail or hand 
deli\er>' shall not be required if the De- 
partment determines that the supplier of 
water has corrected the violation or failure 
within the 45-day period. The Depart- 
ment shall acknowledge the correction of 
the \iolation or failure in writing within 
the 45-day period. 

(C) When the area of the community water 
system is not served by a daily or weekly 
newspaper of general circulation, notice 
shall be given within 14 da\s after the vi- 
olation or failure by hand delivery or by 
continuous posting in conspicuous places 
within the area served by the system. 
Notice by hand delivery or posting must 
begin as soon as possible bul no later than 
72 h(Hirs after the violation or lailure lor 
acute violations (as de lined in Paragraph 
(a)( I )(D) ol_ this Rule), or J_4 davs after 
the \ lolation or lailure for any other v io- 
lati^in. Posting shall continue lor as long 
as the violation or failure exists. Notice 
by hand dcliverv' shall be repeated at Ica.st 
once every three months for as long as the 
V iolation or failure exists. 

( D) I'or violations of the maximum con- 
taminant levels of contaminants specified 
by the Department as posing an acute risk 
to human health and for violation of the 
maximum contaminant level for nitrate 
as defined in 40 C.V-.R. §141.1 1(b) and 
detennined according to 40 C.I-.R. 
§14 1.23(d) which are herebv adopted by 
reference pursuant to (j.S. 150B-14(cj, 
notice shall be given by furnishing a copy 
of the notice to the radio and television 



stations serving the area of the community 
water system as soon as possible but in 
no case later than 72 hours after the vio- 
lation. 
(2) I'or a non-community water system notice 
shall be given within 14 days after the vi- 
olation or failure by hand delivery or by 
continuous posting in conspicuous places 
within the area served by the system. 
Notice by hand deliven' or posting must 
begin as soon as possible but no later than 
72 lnuirs after the v iolation or lailure tor 
acute violalions (a^ defined in Paragraph 
(a)( l)(D) oi this Rule), or ]4 davs after 
the violation or failure lor any other vic^- 
lation. l\)sting shall continue for as long 
as the violation or failure exists. Notice 
by hand delivery shall be repeated at least 
once every three months for as long as the 
violation or failure exists, 
(b) The supplier of water shall provide notice 
to consumers served by a public water system 
when the supplier fails to perform monitoring 
required by this Section, fails to comply with a 
testing procedure established by this Subchapter 
or is subject to a variance or an exemption 
granted under this Subchapter, as follows: 
( 1 ) I'or a community water system: 

(A) Notice shall be given within three 
months of the violation by publication in 
a daily newspaper of general circulation in 
the area served by the system. If the area 
is not served by a daily newspaper of 
general circulation, notice shall instead be 
given by publication in a weekly newspa- 
per of general circulation serving the area; 
and 

(B) In addition, after publication notice 
shall be given by mail delivery (by direct 
mail or with the water bill) or by hand 
deliverv' at least once every three months 
for as long as the violation exists or a 
variance or exemption remains in effect. 

(C) When the area of the community water 
system is not served by a daily or weekly 
newspaper of general circulation notice 
shall be given within three months of the 
violation or the granting of the variance 
or exemption, by hand delivery or by 
continuous posting in conspicuous places 
within the area served by the system. 
Posting shall continue for as long as the 
violation exists or a variance or exemption 
remains in effect. Notice by hand dehvery 
shall be repeated at least once every three 
months for as long as the violation exists 
or the variance or exemption remains in 
effect. 



.•):J 



^ORTH CAROLINA REGISTER April 16,1990 



162 



PROPOSED RULES 



(2) For a non-community water system notice 
shall be given within three months of the 
\'iolation or the granting of the variance 
or exemption, by hand deliver." or by 
continuous posting in conspicuous places 
within the area served by the system. 
Posting shaO continue for as long as the 
violation exists, or a variance or ex- 
emption remains in cftect. Notice by 
hand deliver}," shall be repeated at least 
once ever)" three months for as long as the 
violation exists or a variance or exemption 
rem;iins in effect. 
(^ fe li<?» ^ A^ rjquirL ' n"iL'ntL i trf Purcigrapht . 
(b)(r) aft4 (4t ^ At* foil^ y» ■l upplior »f 
wator. at A# di '. crotion e4^t4+e DL'partmont. 
mrty pioi i idL ' te-.T Iroquonl notiCL» 6+f minor 
monilnniig v lokititin '. a^ dijrii"iijd t*v t4*r^ 
D e part mont. tf I'PiV ba^ appro ' l ud \^ 
Dopartmunl ! ■ application fef a program 
rL ' si^ion undur 444 C.l .R. yl 12J6. Notice 
*^ ' juch violation ' " , ■. liall br" gi' i on m* le^ 
frequently than annually. 
(c) The supplier of water for a community 
water system shall give a cop\" of the most recent 
public notice for any outstanding violation of any 
maximum contaminant le\el, or any treatment 
technique requirement, or any variance or ex- 
emption schedule to all new billing units or new 
hookups prior to or at the time ser\ice begins. 

(dj Each notice required by this Rule shall 
provide a clear and readily understandable expla- 
nation of the violation, any potential adverse 
health effects, the population at risk, the steps 
that the public water s\stem is taking to correct 
such violation, the necessity for seeking altema- 
ti\"e water supplies, if any, and any preventisc 
measure the consumer should take until the \io- 
lation is corrected. Ivach notice shall be con- 
spicuous, easily readable, and shall not contain 
unnecessar)" technical language or similar prob- 
lems that frustrate the purpose of the notice. 
Each notice shall include the telephone number 
of the owner, operator, or designee of the public 
\\"ater system as a source of additional infom"ia- 
tion concerning the notice. -tf non rngli i' h 
■' peaKing r^ ' odentr . afe ^ e n e d l*v t+^e •■ V '. tL'm. t-bi* 
notice r . hull br* multi lingi.uil. Multi-lingual no- 
tice shall be i:i\en if 3|_l percent cm; more of the 
consumers sep,ed hv the s\ stem are non-1 ndi>h 
-■peakin'-:. 

(el When pro\iding information on potential 
ad\"erse health effects required b\" Paragraph id) 
ot this Rule in notices of \iolations of maximum 
contaminant le\els or treatment technique re- 
quirements, or niitices of the granting or the 
continued existence of \anances or exemptions. 



or notices of failure to comply with a variance 
or exemption schedule, the suppher of water shaU 
include the language specified in 40 C.F.R. 
§141.32fe) and (f) which is hereby adopted by 
reference pursuant to G.S. 150B- 14(c). Copies 
of the required notice language may be obtained 
from the Public \^'ater Supply Section, Division 
of Environmental Health, Post Office Box 27687, 
Raleigh. North Carolina 27611-7687. 

(f) If the supplier of water does not provide 
notice as required by this Rule, the Department 
may give public notice if the Department meets 
all requirements of this Rule. However, the 
supplier of water shall remain responsible for 
providing the required notice and may be subject 
to action by the Department for \iolation of the 
notice requirements. 

(g) Ihe pro\isions of this Rule do not apply 
to^lO NCAC lOD .1619, .1620 and .1621(a). 

Authoritv G.S. 130.4-315: P.L. 93-523; 40 C.F.R. 
141. 

SI BCMAPTKR lOF - H AZARDOl S WASTE 
\F\NAGEMKNT 

.0001 GF.NKRAL 

fa-^ 44*e puqiode ef tfe^ Subchapter i^ te- es- 
tahlioh minimum Stat e ^. tandardL i fof ha/ardouo 
' i va ^. t e management applicabl e k* g e n e rator -. , 
tran ' . ' porter '. . ovrner ' . . . a«4 operatorr . t4 facilitie ' " . 
V r hich treat, i . lore. incinerate t*f diopoL . e luuuird 
ee* wu ' _ . to. 

(a) (4*^ The Hazardous Waste Branch Secti(")n 
of the Divi ' ion f4 Health Senice '. Solid Waste 
ManaLiement Di\isicm shall administer the haz- 
ardous waste management program for the State 
of North Carolina. 

(b) In applving the federal requirements incor- 
porated bv reference ihrouiiliout this Subch,ipter. 
the lollouing exceptions or substitutions shall 
a££lw 

( 1 ) "' Department ot Fn\ironment. Health, and 
Natural Resources" shall he substituted 
for "l"n\ironn"iental Protectioi"! .-\2enc\"": 

( 2 ) "Secretar\ of the Department vA_ I n\iron- 



ment. Health, and Natural Resources" 



shall be substituted lor '".Administr.itor". 
"Reiaonal 



.Administrator" 



and 



"Director"; and 



[2_i An "annual report" shall be required for 
all hazardous waste Lzenerators. treaters. 
storers. and disposers r,ithcr than a "bien- 
nial report". 
(CI 40 C 1 R 26U.1 te ihroudi 260.3 (Suhp,art 
.\|. "(ieneral." ha^ ha\"e been adopted b\" refer- 
ence m accordance with G.S. 150B-14(c). 



163 



■».-2 



.\ORTH ( AROLl.XA RE(,ISTER April 16.1990 



PROPOSED RULES 



(d) 40 CFR 260.11, "References", has been 
adopted by reference in accordance with Cj.S. 
15()B-14(c). 

(e) (4^ Copies of all material adopted by refer- 
ence in this Subchapter may be inspected in the 
Branch Section Office, 401 OberLin Road, P.O. 
Box Omh 21(^^1 Raleigh, N.C. ¥m\ir 27601. 
Copies may be obtained from the Branch Section 
at the actual cost to the Branch. Section. 

fe) The "RcfLTuncofi" containod m 40 CFR 
360. 1 1 havL> boun atlopt e d by rcfurLinco m ae- 
cordanc e with (^^ 150B M(c). 

Statutory Authority G.S. I30A-294(c). 

.0002 DEFIMTIONS 

i,.\ TU,. .!,.(:„:<:,.„,. .■„.,.-.:.,. ..1 ;., in i^t:D T^n in 

rr^T TTT^ LI I.' I LI UTn^T \" x.^J III II II II, VI III I ' ' V, 1 IV i-'.'V -IT.' 

(Subpart %T 40 t4-Rr 2Wr^ a«4 40 Q^Mir •W4r5 

ha' i 'u boon ado plod bv rotoronco iw accurdanco 

wrth^^rl^T 150B M(c). " 
fb) "Ihiri Rulo lihall apply througliuut this 

Suhchuptor oxcopt that: 

f44 "Dopartmont evt Human Ror . ourcor . " t. hiill 
b<» y . uhi . litutod fe+ ''rnvironm e iilal Fro 
toction Aijoncy" rtH4 "Socrotiir; !' Bt the 
Dopartmont ef I luman Ro ' . i ourcoii" rJiall 
be uubLititutod fof "Administrator", "Ro 
gional Admini ' . i trator ' rt«4 "Diroctor", 
e xoopt » tho '. o situation ' ! whor e authority 
bcKj Ht»t boon Jologatod t«- the Stato ef 
North Carolina fergr intornational th+p- 
montf i ) e* unlow the cont e xt roquiros a 
different moaning. 
(^ 40 €44^ 12 1.2(c) 4»t; R«t be adoptod by 
roforonco. 

»f » dii^ i po '. al facility whoro " i S'a '. to » placed 

111 KJV 1*11 ITTTTTT (.11 lU VtI IlOtt IT' ( IT T( CT TTTTTtT 

trout mont facility. » ;. uifaco impouiulmont, 
ftft injection woll, a haiUrrdouo war . to long 
term tjtorago facility e* a buifaco - . . torago 
facility. 

(4^ "Branch" 4ttitt be the lla/ardou ' i Wa -. te 
Branch in- the Solid War . to Managomont 
Section. 
fe> 1 ho lolloNsing dofinilionr i i. hull itpply 
throughout th+s Subchaptor: 

f+i "Ct)mprohon 'i i' i O hai'.ardoufi war . to treat 
mont facility" moani . a facility do ' .iiguatod 
a^ iiuch by the Govonior'n War . to .Man 
agomont iJoard, mooting the following 
critona: tt is a commercial facility thrtt ae- 
copti i huj'.ardou '. war . to from the general 
public frtf treatment; it has the capacity 
aH4 capability tt+ tfeat aH4 di i. po '. o *4 h*- 
j'ardou i. sviiLto mt at lea 'i t a« iiitra '. tato. 
le ' -uonal ba ' ji ' j; <i^ hs location w+H- iiub 



i' . tantially facilitato treatment of ha/.ardou6 
waste fof the State b4' North Carolina. 

(3) "llay.ardouo war . t e long term otorage facil 
ity^ mean i i afty facility »f a«y portion wf 

CT ITX^TTmrT CmTTTTTO^TnC^T V / I l,I ll 1 1 / ,V,"TJ IT.TT rTTTTTrc^^ 

ef the ro ' jidualu ef the treatment ef hai'. 
ardouii wast e , »«• of ift land. 

(4) "1 ong term rotrio' i iihle '. torage" m e ans 
t itorago if* clos e d containeni m facilitioo 
( e ith e r abov e wt below ground) with: 

frVi adequate liglitu, 

fB4 iinpeniou! ! c e m e nt floors, 

(G) strong visible shebo ' . . »f plalfonns, 

(4^ passageways te- allow inr . pection at afty 

fh4 ad e quat e v e ntilation if underground Bf 

Wt clo '.e d buildings, 
fh-^ protection trom the vseathor, 
fG^ aocossiblo t»- monitoring with signs »«• 

both individual ctmtuiner! . aft4 r .e cticms af 

storag e facilities, aft4 
f444 adequat e safety aft4 -. ecurity proc 

aulions fof facility personnel, inr i poctors 

a«4 invited e+ permitt e d member '. t4 the 

community. 
(4-^ "Re use" means a procosr . by which le- 

sourcos afe reur . ed e* rendered ur . ablo. 

(a) The definitions contained in G.S. l.^();\-2qO 
apply to this Subchapter. 

(b) 40 i\\\ 260.10 (Subpart B). Definitions, 
has been adopted by reference in accordance with 
(i.S. 1 --SOB- 14(c), except that the Definitions for 
"Disposal ", "landfill", "Management or haz- 



ardous waste manaiicmcnt' 



'erson", "Sludiie", 



'Storaije", and " Ireatment" arc defined h\ Cj.S. 



1.^0A-2')I) and are not ad(^pted bv reference, 
(c) The following additional definitions shall 
apply thrcmghout this Subchapter: 

( 1 ) "Section" means the 1 la/.ardous Waste 
Section, in the Divisit^n of Solid Waste 
Management, Depart ment of Fnviron- 



ment. Health, and Natural Resources. 



121 
iii 



1 he "Department" means the N.C. De- 
partment of ln\ironment. 1 lealth. and 
Natural Resources ( Dl- 1 1 N R). 
"Dis'ision" means the Solid Waste \Ftn- 
agcmenl Di\'ision (SWMD). 
"1 onu Icrm Storaue " means the contain- 



ment ot^^ hazardous waste for an indefinite 
period of time in a f'acilit\ designed to he 
cU^sed w ith the hazari.lous waste m place. 



Stdlutory Authority G.S. 1 30A-2<)4(c). 

.0028 I'KII I IONS - P.VKI 260 

(a) AU nilemakinL: petitions for changes in this 
Subchapter shall he made in accordance with 10 
NC.\C 4B .0101. A«y person may submit a 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



164 



PROPOSED RULES 



petition roquo ii ting tbe adoption, amendmirit, &f 
rep e al trf tb« rulL'f i m t-hi* SubL-haptor. Th& pf«- 
co ' jr . ing »f r . uch pt'titions ' j . hall follow the ruloo 
contained i» W NCAC 4ftT 

(b) Wk* provi i. iony . fof "l\ ' titionri fof Pquixalont 
1'f ;, ting w Analytical Mt ' thodf . " » 40 Cl'R 
260.2 f throutih 260.41 (Subpart C), "Rulemak- 
imi Pftitions". have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

^^ 44*e pro' i i '. ionf i fof "PL'titiono te Amend 
■Part 2^ k* I'xcliid e » W'd '. to I'rodiiCL ' d »4- a- PtH^ 
ticular I'acility" » Aii C 1 ' R 260.22 have heeft 
adopt e d by roforunce » accordance with (j.S. 
l.-^on 1 1(c)'. 

(-d4 ft» provi '. ions fof "variancoo from clar . ni 

vananc e from cki 'i'^ iUcation »*i a !' olid V i a '. tL ' . va^^ 
iancL ' k* be cla ji'. ifi e d a^ a boil e r, procudiiro ' - i fef 
variances from cla '. r i ification a* a solid wast e ©f 
t» be classifi e d a* a boiler" contained m 4tt CbR 
260. .^0 to- 260.."! 3 (Subpart 4-f have bee» adopt e d 
b¥ referenc e i« accordance vr+t-b (>.S 1 50B 1 Kc). 
fe-^ 44+e provii . ions f»f 'additional reaulation 
»f certain ha/.ardous wast e recycling acti' i ities »» 
a cai ' e by case basi 'i . procedures fef cas e by cas e 
regulation f4 hazardous ' . sast e r e cvcling 
achvities" contained m m GH4- 260. 10 to 2(^0. ' ll 
have been adopt e d hv reference j» accordance 
v,44»G.^ 1500 11(c). ' 

Slatuton Authority G.S. l3QA-294{c). 

.0029 IDF.NTIUCATION AND LISTING OF 
IIA/.ARDOl S WASTES - PART 261 

fa} 4-he general prosi ^. ions contain e d ift 40 
GW^ 34^4"^ 544^4 (Subpart A) have beeft 
adopted bv ref e r e nc e i» accordcmc e with C] S. 
L^OB M(c). 

(a) fbf 44¥e provisions ft>F 'Ro '. idues i-vf 1 la/ 
ardous Wa 'i t e h+ l^mptv Contain e rs ^ " contained 
ift 40 CI R 261.1 throutzh 261.7 (Subpart A), 
"General", have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(b) ftH 44+e "Criteria fcvf Identifying the Char 
acteri '. tics f4 Hazardous W'as . tes rm^ fof 1 isting 
Hazardous Wast e s" contain e d » 40 CFR 261.10 
a«4 throu'i.h 261.11 (Subpart B|, "Cnlcria for 
IdentilN ing the Characteristics of 1 la/ardous 
Waste and for I isting 1 la/ardous Waste", have 
been adopted bv relerencc in accordance with 
G.S. 1 SOB- 14(c).' 

fc") (-4+ Tphe "Characteri '. tics f4 Hazardous 
Wastes" oMit.imed m 40 CI R 261.20 t«- through 
261.24 (Subpart C), "Characteristics of Hazard- 
ous Waste" have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

(d| fe) 44+e "I i '. ts t+f Hazardous \\'astes" ^tf^ 
the accompanying app e ndices (4 througji X^ 



contained m 40 CFR 261.30 te- through 261.33 
(Subpart D), "Lists of Hazardous Wastes" have 
been adopted by reference in accordance with 
G.S. 1S0B-I4(c). Supplemental material con 
tained h* A(^ CIR ^44- ha* ahr© been adopted by- 
reference m accordance with Ci.S. 150B 1 l(o). 
(e) The Appendices t_o 40 CFR Part 261 have 
been adopted bv reference in accordance with 
(LS. 1S0B-I4(c). 

Statutory Authority G.S. l30A-294(c). 

.0030 STANDARDS Al'IM.ICABLE TO 
GENERATORS OF HAZARDOUS 
W AS LE - FART 262 

(a) 4he (jenenil provision -, contained ift 40 CFR 
262.10 to through 262.12 (Subpart A), 
"General", ha\e been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

(b) 44*e prosisiou !. fof "Manifests . " contained » 
40 CFR 262.20 te through 262.23 (Subpart B), 
"The Manifest", have been adopted by reference 
in accordance with G.S. 1 SOB- 14(c). 

(c) "Pre Tran ^' port R e quir e m e nts" contain e d m 
40 CFR 262.30 to through 262.34 (Subpart C), 
"Pre-1'ransport Requirements", have been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c). 

(d) 4he provis ' ions fof "Recordkeeping itfv^ -R-e- 
porting" contained » 40 CFR 262.40 k* through 
262.44 (Subpart D). "Recordkeeping and Re- 
porting", have been adopted by reference in ac- 
cordance with G.S. 1 SOB- 14(c). fn addition, a 
generator shall keep records of inspections and 
results of inspections required bv Section 262.34 
for at least three \cars horn the date of the in- 
spection, e xc e pt that 44 QW^ 262. 10 » fh-4- 
adopt e d by r e f e r e nc e . 

f4^ 44te following shall he substituted h+f the 
provi ' Hons «+~ 4U CL I ' l 262. 10 ' i shich wefe 
ftot adopted by reterenco: 
"262. 10 P>.ecordkeepLng. 
faf A generator must keep a copy »f each 
manife '. t 's igned h* accordanc e with Sec 

♦ <■">«•» I t~il I I i r-\ \ 4 , -1 »■ f 1-1 »-.-», -1 1 - . ^ --I T- ■- i^ r 1 1 n t 1 I la^i 

1 1 V ' 1 1 .— •■ ^— . i— , ■ \ \t. I rr '1 I r 1 1 V t. t vtii t' i * i ctttttt rrc 

receives a signed copy from the de '. ignated 
facility which received the wci '. te. I his 
'. igneJ cop> must be retained a* a record 
foF at least three years from the date the 
' ■ ' ■ a -' te wa* accepted by the initial trans 
porter. 

(h4 A g e n e rator mu '. t keep a copy Bf each 
Biennial Report aH4 Lxception Report Iw 
a pencnl t-4" at least thre e years from the 
d«e date «4 the report. 

fe} A generati^r mu '. t keep records f4 afty 
te^t r e sults, v i a '^ t e analyses. 9* other 4e- 
terminatiou '' made » accordance V i ith 



165 



5:2 



NORTH CAROLLWA REGISTER April 16,1990 



PROPOSED RULES 



r^^^^T. 1 1 J 1 1 L.''L^'T 1 I\ r 1 L11. 1 L U .11 1 1 1 1 W TVni J I ITT ITT 
IT i^ UUIU 1 1 lUl 1 1 lU tTTXTTT^ TTTTTT rTTTTT rTtTTTT TTT 

on tiito ef off dite tr e atm e nt, r . torago, ef 
cii !i po»al. 

(4^ 44*e poriod ' i Bf retention referr e d k» i«- 
th+s Section afe uxtended aulomutically 
during ttn* courao ef any unrer . oKed eft- 
forcement action r e garding t^ regulated 
actii i ity »f as roquer . ted t>y tfee admini ti 
trator. 

(«^ A generator mur . t keep record ' ; ft«4 fe- 
r . ults ef inr . poctionii ae required l»y Section 
262. 3 ' 1 fof at- l e ast thr ee y e ary . from the 
4ate ef th^ in ' . i pection." 

(e) ^fte provif i ionc fof "Special (" ' Ondition i i" 
contained » 40 CTR 262.50 aft4 throuah 262.58 
(Subpart Iv), "l-.xport.s of l[a7ard(His Waste", 
have been adopted by reference in accordance 
with G.S. 150IM4(c). 

(f) "Imports »f llai'urdous Wast e " pn)vi; i ions 
contain e d h* 40 CFR 262.60 t» 262.6'j (Subpart 
F), "Imports of 1 la/.ardous Waste", has base 
been adopted by reference in accordance with 
G.S. 1 SOB- 14(c). 

(g) "Farm e rs" proi i isions contain e d m 40 CFR 
262.70 to 262.70 (Subpart G), "Farmers" has 
hav e been adopted by reference m accordance 
with G.S. 1 SOB- 14(c).' 

(h) 1 he appendix contained ifl- to 40 CFR Part 
262 has been adopted by reference in accordance 
with G.S. 1 SOB- 14(c); however, Items D, F\ U, 
and I on the form in the app e ndic e s contained i» 
appendix to 40 CFR Part 262 are required to be 
completed on the North Carolina 1 iazardous 
Waste Manifest form. 

Statutory Authority G.S. /30A- 294(c). 

.0031 STAND AKDS AIM'I.K AHl.K lO 

1 KANSI'OR IKKS OF HAZAKDOLS 
\\ ASIK - I'AR I 263 

fa^ '-F4**» g e neral provisions contained m 4© 
GW4r 26.110 im4 26.111 (Subpart M l«*w btw^ 
adopt e d bv reference h* accordance with Ci.S. 
150R 11(c)'. 

(a) fb^ 44»4* provisions fof trau 'i fer facility fe- 
quirements contained m 40 CFR 26.1 10 through 
263.12 (Subpart A), "(icnerai", ha\e been 
adopted bv reference in accordance with G.S. 
1 SOB- 14(c). 

(b) fe-)- 44>t> provisiona l f»f "Compliance With 
tb«^ Mimife -. t System a«4 R e cordke e pinu ' con 
t^M«e4 m 40 CFR 263.20 t*^ throudi" 263.22 
(Subpart B), "Compliance With the Manifest 
System and Recordkeeping", have been adopted 
by reference in accordance with G.S. 150IH4(c). 

(c) fd-^ 44+e proi i isions ft+f "Hazardous Waste 
Discharges' oontamed » 40 CFR 263.30 m^ 



through 263.31 (Subpart C), "I la/.ardous Waste 
Discharges", have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

Statutofy Authority G.S. /30A- 294(c). 

.0032 SIANHARDS K)K OWNKKS AND 
OPKR.MOKS - PAR I 264 

(a) Any person who treats, stores or disposes 
of hazardous waste shall d» se- i«- complicmce 

1 1 : 1 ♦ l-> ti^^ . ■ f ■ I T-t . i ■ I »-i 1 1.- . ; 1 1 4 /-y ft li ■ »t * Vt < . • 1.' 1 I I . 1 • t »1 . ' . A »T I 1 : 
»T I 1 1 I 1 1 IV rTTTTTTTTTTTnTT , H'l IT. ' [ III I I I TTTTTT I T T.I IV", CTTTTT T rj I I ^ 

after having r e c e iv e d a p e rmit from tk** D e part 
H^,«rt as r e quir e d by- -W NCAC 4W- .0031(b)(r), 
v^f having received interim status according t«- +0 
NCAC m^ .0031(g)(r). comply with the re^ 
quiremcnts set forth in this Section. The treat- 
ment, storage or disposal of hazardous waste is 
prohibited except as provided in this Section. 

(b) 4-he g e n e ral pros i ji ion - i contained m 40 CF'R 
264.1 U* through 264.4 (Subpart A), "General", 
have been adopted by reference in accordance 
with G.S. FS0B-i4(c). 

(c) "(ieneial Facility Standards" contained j» 
40 CFR 264.10 U* throuah 264.18 (Subpart B), 
"General Facility Standards", have been adopted 
by reference in accordance with G.S. 1 SOB- 14(c). 

(d) 44*e provir . ions fop 'I'reparedne '.'. aH4 I'r e 
vention ' contained ifl- 40 CFR 264.30 *+*• through 
264.37 (Subpart C), "Preparedness and i're- 
vention", have been adopted by reference in ac- 
cordance with G.S. 1 SOB- 14(c). 

(e) "Conting e ncy l^lan a«4 Fm e rg e ncy i'roc e 
dures " contain e d m- 40 CFR 264.50 t** through 
264.56 (Subpart D), "Contingency Plan and 
Fmergency Procedures", have been adopted by 
reference in accordance with G.S. 1 SOB- 14(c). 

(f) 44» pro' i i '. ions fof "Manifest Sys . tem. -R-e- 
cordkeeping, awtt I' lepoiting" a«4 accompanying 
appendices , contained i«- 40 Cl'R 264.70 to 
2M.7y , thnnigh 264.77 (Subpart \l), "Manifest 
System, Recordkeeping, and Reporting", have 
been adopted by reference in accordance with 
G.S. 1 SOB- 14(c). 

(g) Ihe pro' i isions fof '(iround i i sciter Pro 
tection ' conta i n e d i» 40 CF'R 264.90 to through 
264.101 (Subpart F), "Releases From Stolid 
Waste Management I'nits", ha\'e been adopted 
by reference in accordance with G.S. 1 SOB- 14(c). 
For the purpose of this adoption by reference, 
t4+e words , "the effectise date" ".lanuar\ 26, 
1983" shall be substituted for ".luK 26, l')S2" 
contained in 40 CFR 264.40(a) (2|_ 4wtt bt' dt>- 
leted a«4 replaced ' . vith tkn* phrase ".lanuaPr i(^ 

ii i s;3". 

(h) '44+^ (irosi '. ions tof "Clos . ur e a«4 Post Clo 
sur e " contained m 40 CAR 264. 1 10 to ihrouizh 
264.120 (Subpart G), 
Post-Closure' 



"Closure 



and 



ha\e been adopted by reference 



5:2 ^'ORTH CAROLINA REGISTER April 16, 1990 



166 



PROPOSED RULES 



in accordance with G.S. 150FJ-14(c). e xc e pt ^hrt^- 
44^ GH^ 26 - 1.130 f^ '¥^ rewritten i» foiiow i, : m 
at afty time At> owner »f op e rator ef tmy nuboo 
quent ov i 'n e r hI A*» land upon which » ha>'ardouB 
wu^tL > facility w*» locat e d rcmo' i 'L" . t4w wu ii te aft4 
wa -i te rciducv), tlte liner, tf cH+Vt tm4 *H- contain 
inated underlying »ft4 i. urnninding ^^^t+W ht» may 
a44 c* notation »«■ t4%«» deed k> tl+e facility prop 
erty w: other iniitaimenl normally examined d«f- 
iftg W4# i. earch, indicating t^ remos'al ef A# 
wa ^. te. " 

(i) "I'inanciiil Requirement s. " contained » 40 
CI-R 264.140 to through 264.151 (.Subpart II), 
"l-'inancial Requirements", have been adopted 
by reference in accordance with G.S. I SOB- 14(c), 
except that 40 CI-R 264.143(a)(3), (a)(4), (a)(5), 
(a)(6), 40 CI'R 264.145(a)(.3), (a)(4), (a)(5), 
(a)(6), and 40 CI'R 264.151(a)( 1), Section 15 and 
40 Cr-'R 264.151(h), are not adopted by refer- 
ence. 

( 1) The followmg shall be substituted for the 
provisions of 40 CI-R 264. 143(a)(3) which 
were not adopted b\' reference: 

"Th e The owner or operator mu '. t shall 
deposit the full amount of the closure cost 
estimate at the time the fund is estab- 
lished. Within 1 year of the effective date 
of these regulations, an owner or operator 
using a closure trust fund established pnor 
to the effective date of these regulations 
shaU deposit an amount into the fund so 
that its value after this deposit at least 
equals the amount of the current closure 
cost estimate, or shall obtain other fi- 
nancial assurance as specihed in this *;«««- 
tion." Section. 

(-5-)- 4-he following i. hall l»e r . ub '. tituted ft+f th«» 
provi '. ionu ef 4a GW4- 261. l."»(a)( 1) which 
w e r e f¥M- adopt e d by r e f e r e nc e : 
"i')eleted ' 

(-5-^ -H+e follow ing ?. hall be i. ub '. tiluted fof t-he 
provi; . iom . t4' -W 4-1-* 26 1. 1 13(a)(5) which 
were h«4- adopted by reference: 
"Del e ted" 

(2) (-H I he following shall be substituted for 
the provisions of 40 CI-R 264.143(a)(6) 
\\l"uch were not adopted by reference: 
" ■ \fter After the trust fund is established, 
whenever the current closure cost estimate 
changes, the owner or operator mu ' - . t shall 
compare the new estimate with the trus- 
tee's most recent annual valuation of the 
trust fund. If the value of the fund is less 
than the amount of the new estimate, the 
owner or operator within 60 da>'5 after the 
change in the cost estimate, mu s 4 shall ei- 
ther deposit an amount into the fund so 
that its value after this deposit at least 



equals the amount of the current closure 
cost estimate, or obtain other financial 
assurance as specified in this section to 
cover the difference." difference. 

(3) (4^ The following shall be substituted for 
the provisions of 40 CI-R 264.145(a)(3) 
which were not adopted by reference: 
"I h e The owner or operator mu ; it shall 
deposit the full amount of the post-clo- 
sure cost estimate at the time the fund is 
established. Within 1 year of the effecti\e 
date of these regulations, an owner or op- 
erator using a post-closure trust fund es- 
tabhshed prior to the effective date of 
these regulations shall deposit an amount 
into the fund so that its value after this 
deposit at least equals the amount of the 
current post-closure cost estimate, or shall 
obtain other financial assurance as speci- 
fied in this f. ection." Section. 

(-6^ '44*e following '. hall be i . ub '. tituted fo* y*# 
pn)vi ', uMT . Hf 4« 44-R- 261.M5(a)( 1) which 
were h*+4- iidopted by reference: 
"Deleted" 

(^ -l-he following '. hiill be •. ub j. tituted fn* Ae 
provi i. ionj^ i of 4« ^^+44: 26 . 1. M5(a)(5) which 
were fw+t- adopted by reference: 
"Deleted" 

{-^ fSv} The following shall be substituted for 
the provisions oi 40 CI-R 264.145(a)(6) 
which were not adopted by reference: 
"iVftor After the trust fund is established, 
whenever the current post-closure cost 
estimate changes during the operating life 
of the facility, the ou ner or operator mur . t 
shall compare the new estimate with the 
trustee's most recent annual valuation of 
the trust fund. If the value of the fund is 
less than the amount of the new estimate, 
the owner or operator, u ithin 60 days af- 
ter the change in the cost estimate, mu '. t 
shall either deposit an amount into the 
fund so that its value after this deposit at 
least ec]uals the amount of the current 
post-closure cost estimate, or obtain other 
fmancial assurance as specified in this 
section to co\er the diff e renc e ." difference. 

(5) f% The following additional requirement 
shall apph : i. luill U* i . ub i. tiluted fof t-l+e 
provi '. ion '. *4 4i4 GW^ 2f' 1, 1 5 l(a)( 1 ). Se*^ 
tioft -1^ whicli were m+t adopted by refer 

"Section -1-5t \"otice e4 Payment. The 
tnistee shall notily the 1 R;\ R e gional 
iVdmini '. trator Department of pa\inent to 
the trust fund, by certified mail within ten 
days following said payment to the tmst 
fund. The notice shall contain the name 



167 



>:2 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



of the Grantor, the date of payment, the 
amount of payment, and the current value 
of the trust fund." fund. 
(j) -f^ provi ji ions fof "l/iio »ft4 ManagomL ' nt 
e4^ CtmtainL'ni" contuint ' d vet 40 CFR 264.170 te 
throudi 264.178 (Subpart I), "L'se and .Manage- 
ment of Containers", have been adopted by ref- 
erence in accordance with G.S. 1 SOB- 14(c). 

(k) 44*« provisions f»f "Tanks" contained is 40 
CFR 264.190 te 261.200 through 264. IQQ (Sub- 
part J), " 1 ank Systems". ha\e been adopted by 
reference in accordance with G.S. 150B- 14(c). 

(1) The following are requirements for Surface 
Impoundments: 

(1) 44*» provisions fo* "Surfac e 
Impoundments" contained m 40 (JIR 
264.220 to through 264.231 (Subpart K), 
"Surface Impoundments", have been 
adopted bv reference m accordance with 
G.S. 1 SOB- 14(c). 

(2) The following are additional p e rmitting 
standards related te for surface impound- 
ments: 

fA^ A new surface impoundment ^. hall meet 
the following minimum requirements fof 
a liner syr f t e m: 

(A) fi^ The liner system shall consist of at 
least two liners; 

(B) (+t^ Artificial liners shall be equal to or 
greater than 30 mils in thickness; 

(C) ftrt) Clayey liners shall be equal to or 
greater than five feet in thickness and have 
a maximum permeability of 1.0 x 10-7 
cm /sec; 

(D) fw) Clayey Liner soils shall have the 
same characteristics as described in ft^ (r) 
(4)(B)(ii), (iii), (iv), (vi) and (vii| of this 
Rule; 

(F) fv^ A leachate collection system shall be 
constructed between the upper liner and 
the bottom liner; 

(F) fvi^ A leachate detection system shall be 
constructed below the bottom liner; and 

(G) f4i^ A hii/ardous waste surface m- 
poundment Surface impoundments shall 
be constmcted in such a manner to pre- 
vent landsliding, slippage or slumping. 

(m) '44*t» provi ii ions fof "Wast e Pil e s ' contain e d 
m 40 CFR 264.2S0 to through 264.2S4 (Subpart 
L), "Waste Piles", have been adopted by refer- 
ence in accordance with G.S. 1 SOB- 14(c). 

(n) 44*e pro' i i '. ions fn* "1 and Treatment" C(m 
tained h+ 40 CFR 264.270 to through 264.283 
(Subpart .\I), "I. and Treatment", have been 
adopted bv reference in accordance with G.S. 
1 SOB- 14(c)'. 

(o) The folUnving *Fe requirements fof 1 andfills 
aft4 Fong I enn Sloraje Fi-iciLities: 



fl-) T4w provisions fof "I undfills" contain e d 
m 40 CFR 264.300 to 26T330 through 
264.317 (Subpart N), "Fandfdls", have 
been adopted by reference in accordance 
with G.S. 1 SOB- 14(c). These require 
ments apply to landfills »«4 long term 
Btoraii e faciliti e s fS*»e ak** 4-© NCj\C 4-Wi 
.0032^(q) afi4 44^ NCAC Wt- 4W^ f&f 
Additional 1 .undfill R e quir e ments.) 
(4^ 44*e following afe additional requirements 
fof hazardous wast e landfills aft4 long 
term storag e faciliti e s: 
fA| ^v» haj'.ardous waste landfill »f long 
term r . torage facility shidl b« established 
until at l e ast »fH* compr e h e ns . i' .e hazard 
»t» wa '. t e tr e atm e nt facility »+• fully opera 
tional H* North Carolina. 
ffr)- I la.'ardous wa '. te shall l»e treated prior 
to placement » a North (Carolina hazard 
tH4S ' I ' l 'aste landfill Bf long term storag e fo- 
cility. T+w extent ef waste treatm e nt 
r e quir e d shall be bus .e d «+«■ t4te d e gr ee ef 
hitzard a '. s . ociat e d with each wdst e . W'ast e 
shall be classified a^ k>v.^ mod e rat e ly, e* 
e.Ktrem e ly hazardous; cla -.'. ification being 
based H« the following factors: 
(H The toxicity, quantity, »i¥^ concen 

tration t4" constitu e nts , ' ■ sithin tht» was . t e ; 
fii-^ 44+e reported awd potential toxic ef- 

fects . *4" the i i sii '. t e constituents; 
fwi4 44»e pers . istenc e , mobility, aft4 p©- 

tential fof bioaccumulation h+" the was . te 

constituents; a«4 
fH.4 i\ny other rele' . iml factors. 
f^ Hazardous >i i aste that cannot be fe- 
duc e d, r . labilized »f destroyed to the e*- 
te«t which r e nd e rs , it '. ufficiently k+w h* 
toxicity to pr e sent ho significant h e alth ef 
' . . ufety hazard m- the ei i ent t4 lealuige. shall 
he s . tored m long tenn. retriesdble S i torage 

1 1 »A t < I 1- 1 1 . ■ 1-^ i-i-i.tttij-i, \ •.• ■ \ r.\ I . \ I 1 r-i , 1 1 l-i /■>«-< <.-llli.~ 

\-X I T I I I !. ' 1_I ^ I I I I IVll I\ 'VI -■ tl 1 \J i\' \.t I IVJ. , I Ill/All VIV' \X LT 

wast e ift long term retrievable storage 
shall he detoxifie^l as M-n-vft a* th# com 
misr . ion determines . , ba '. ed (4» the pr e pon 
d e rance ef the e vid e nce, that the 
technolouv » available at a reasonabl e 



60*4t 

fO). Re '. idue of 



she^ o4^ hazardous wast e 



which ha^ been treiited so that the toxicity 
Vr low- enough to present ho significant 
health Hf saf e ly hazard *«• th«* event »f 



leakiige trom the facility shall he placed m 
loni! term .. toraae t+f a liazardou '. waste 



landfill. 

(f4 X+* hrW 



■irdous vv ' a '. t e of polychlorinated 
biphenyl landfill facility shall he permitted 
within -i^ mile ', of any other ha/'ardous 
wast e Of polv chlorinated biphenyl landldl 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



16S 



PROPOSED RULES 



facility, long tLMin ; . toriiij e fucility w^ ct^m 
prohori 'i i' i e haiuirdour . ssu j. te tr e atmeni fo- 
oiiity. 
f4-4 -H** tollo' i ' i ing i . hall se^ h« plac e d » »• 
hai'.arddur i wa -. t e landfill. Icng t i^ rm '. tor 
*a*^ t+F long term rL ' lnL" i (iblL ' 'i Ioriul' taoil 
ri-s-i- ignitahl e-i *+^ di ' Tnu ' d h* t4+e i jdi. ' ral 
At4T pcb t halnuL - nat e d hiph e nvl -i t4' -^ ppm 
tvf groat lt concontralion fctft4 free liquids 
' I ' l hoth e r t+f fH*4- cnnlauiL ' n/L ' d. 
fft+ A hai'ardou ;i vwi '. ti. ' landfill >->f long it ' im 
ii torag e facility '. hiill moL. ' t t4*e follov . ing 
minimum liner requirem e nt '' : 
fi^ L e ach at e collection t+ft4 remo' i al sy-^.- 

t e m ' i abov e »«■ aililicial liner: 
(-H4 A» urlificiiil lin e i h+ fH+4- letr^ than Mi 

ffH+ H+ thicKne ''-. : 
f+«4 A {"I' l l.' foot cla; . ey liner belo' i i . t-he 

artificial lin e r ' . ' ■ hicli lw*i a maximum 

peiTneability h4-" -1-41 ij 1 11 7 cm •■e c: tt«4 
f+v+ A l e achat e detection ^y ' tem imme 

diately beUnv rt t4rty lin e r- 
(4+f A long term ' jtonige facility ^livill m e et 
groundv i iiler protection, clo '. ure *h4 
po '' l clo ' Ur e . rtfl4 financial requirementL ' 
a» j. pecifi e d m -W (-4^ 2h ' l.u i ) k* 2M.ini, 
Subpart (4^ -W ^4-44- 2M. I 10 to 2M 120, 
Subpai-t f&+ ttft4 4U W-* 2M.MU to 
26 1.151. Subpart ^44^ rt-. adopted m 4-U 



W technically *h4 commercially feasible 
altemati' i en to landiilling. ' . . uch »* r e cycl 
r e >.luction. a+t4 detoxification. *Fe 



f^ 



a' i ciilable tW » ha/ardou '. wa '. te. that- waste 
I. hall FH*(- t*e dispo -^ ed t4" *«• » landfill eeHr 
I lov i O' i or, iki^ requirement r . hall apply 
only if utilization t4 -. uch allemali' i es vrttt 
pro' i ide equal (*f great e r prot e ction t+f (+H* 
public h e alth thiin di '' po 'i ing h+ t4+e same 
hazardous i . vast e ' . ' < ilhout ulili/.alion t+f 
r . uch altematU ie r . . 
fp) A long-term storaize facility shall meet 
grtninduatcr protection, closure and post-clo- 



sure, and financial requirements lor disposal la- 
cilities as specified in I'ara'JTaphs (g). (h). and (i) 
of this Rule. 

(q ) ffH 44+e pro' i ii ' ions ft+f 'Incinerators" con 
k«fte4 » 40 CI-R 264.340 to through 264.351 
(Subpart O), 'incinerators", have been adopted 
b\' reference in accordance with G.S. 150B- 14(c). 
(r) (^ The following are additional location 
standards for facilities: 

(1) In addition to any other location standards 
set forth elsewhere in these Rules, the 
Department, t4 Human Resourcer . . in de- 
termining whether to issue a permit for a 
hazardous waste management facility, 
shall consider the nsks posed by the 



proximity of the facility to water table 
levels, flood plains, water supplies, public 
water supply watersheds, mines, natural 
resources such as wetlands, endangered 
species habitats, parks, forests, wUdemess 
areas, and histoncal sites, and population 
centers and shall consider whether pro- 
vision has been made for adequate buffer 
zones. 1 he Department shall also con- 
sider ground water travel time, soil pH, 
soil cation exchange capacity, soil com- 
position and permeability, slope, climate, 
local land use, transportation factors such 
as proximity to waste generators, route, 
route safety, and method of transporta- 
tion, aesthetic factors such as the visibility, 
appearance, and noise le\el of the facility; 
potential impact on air quahty, existence 
of seismic activity and cavernous bedrock. 
(2) 1 he following minimum separation dis- 
tances shall be required of aU hazardous 
waste management facilities except that 
existing facilities shall be required to meet 
these minimum separation distances to 
the maximum extent feasible: 

(A) /\ll hazardous waste management facil- 
ities shall be located at least 0.25 miles 
from institutions including but not hmited 
to schools, health care facilities and pris- 
ons, unless the owner or operator can de- 
monstrate that no unreasonable risks shall 
be posed by the proximity of the facility. 

(B) All hazardous waste treatment and sto- 
rage facilities shall comply with the fol- 
lowing separation distances: all h;izardous 
waste shall be treated and stored a mini- 
mum of 50 feet from the property line of 
the facility; except that all hazardous 
waste with ignitable, incompatible or re- 
acti\e ch;u"acteristics shall be treated and 
stored a minimum of 200 feet from the 
property Une of the facility if the area ad- 
jacent to the facility is zoned for any use 
other than industrial or is not zoned. 

(C) All hazardous waste landfills, long-term 
storage facilities, land treatment facilities 
and Hevr surface impoundments, shall 
comph' with the following separation dis- 
tances: 

(i) xAU hazardous waste shall be located 
a minimum of 200 feet from the prop- 
erty line of the facility; 

(ii) >to Fach hazardous waste landfill. l*e- 
low ground long-tenn storage or sur- 
face impoundment facility shall be 
constructed m j. uch ft manner so that 
the bottom of the facility is closer than 
10 feet from or more abo\e the histor- 



169 



-■).-2 



SORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



ical high ground water level. The his- 
torical high ground water level shall be 
detcnnined by measuring the seasonal 
high ground water levels and predicting 
the long-term maximum high ground 
water level from published data on si- 
milar North Carolina topographic po- 
sitions, elevations, geology, and climate; 
and 

(iii) All haz;irdous waste shall be located 
a minimum ot 1, ()()() feet from the /one 
of inlluencc of any existing off-site 
ground water well used for drinking 
water, and outside the zone of intluenee 
of any existing or planned on-site 
drinking water well. 
(I)) Hazardous waste storage and treatment 

facilities for liquid waste that is classified 

as lil' toxic, toxic, or acutely toxic and is 

stored or treated in tanks or containers 

shall not be located: 

(i) in the recharge area of an aquifer 
which is designated as an existing sole 
drinking water source as dehned in the 
Safe Drinkinii Water Act, Section 
. 1424(e) |42 LS.C. 300h-3(e)| unless an 
adequate secondary containment sys- 
tem is constructed, and after consider- 
ation of applicable factors in (^ (r) (3) 
of this Rule, the owner or operator can 
demonstrate no unreasonable risk to 
public health; 

(ii) within 2(10 feet of surface water im- 
poundments or surface water stream 
with continuous flow as defined by the 
I'nited States (ieoloizical Sur\e\: 



(3) 



(iii) ^4fi- in an area that will allow direct 
surface or subsurface discharge to WS I , 
VWVH- WS-i, WS-ll or SA waters or a 
Class 111 Reservoir as defined in 15 
NCAC 2B .0200 and 10 NCAC lOD 
.0702(6); which ftw adopted by refer 
i ' nco;" 
(iv) in an area that will allow direct sur- 
face or subsurface discharge to the wat- 
ershed for a Class I or II Reservoir as 
defined in 10 NCAC lOD .0702 (4) and 
(5); which af<» adopted by relLTence; 
(v) within 200 feet honzontally of a 

100-year floodplain elevation; 
(vi) witliin 200 feet of a scismically active 

area as defined in (c) of this Rule; and 
(vii) within 200 feet of a mine, cave, or 

ca\emous bedrock. 
1 he Department may require an\' hazard- 
ous waste management facility to comply 
with greater separation distances or other 
protective measures necessary to avoid 



unreasonable risks posed by the proximity 
of the facility to water table levels, flood 
plains, water supplies, public water supply 
watersheds, mines, natural resources such 
as wetlands, endangered species habitats, 
parks, forests, wilderness areas, and his- 
torical sites, and population centers or to 
provide an adequate buiTer zone. The 
Department may also require protective 
measures necessary to a\()id unreasonable 
risks posed by the soil pll, st)il cation ex- 
change capacity, soil composition and 
permeability, climate, transportation fac- 
tors such as proximity to waste genera- 
tors, route, route safety, and method of 
transportation, aesthetic factors such as 
the visibility, appearance, and noise le\el 
of the fiicility, potential impact on air 
quality, and the existence of seismic ac- 
tivity and cavernous bedrock. In deter- 
mining whether to require greater 
separation distances or other protective 
measures, the Department shall consider 
the following factors: 

(A) All proposed hazardous waste activities 
and procedures to be associated with the 
transfer, storage, treatment or disposal of 
hazardous waste at the facility; 

(B) The type of hazardous waste to be 
treated, stored, or disposed of at the facil- 
ity; 

(C) The volume of waste to be treated, 
stored, or disposed of at the facility; 

(D) Land use issues including the number 
of permanent residents in proximity to the 
facility and their distance from the facility; 

(L^) The adequacy of facility design and 
plans for containment and control of 
sudtlen and non-sudden accidental events 
in combination with adequate off-site 
evacuation of potentially adversely im- 
pacted populations; 

(I-) Other land use issues including the 
number of institutional and commercial 
stmcturcs such as airports and schools in 
proxiinity to the facility, their distance 
from the facility, and the particular nature 
of the activities that take place in those 
structures; 

(G) The lateral distance and slope from the 
facilitv to surface water supplies or to 
watersheds draining directly into surface 
water supplies; 

(H) Ihe vertical distance, and type of soils 
and geologic conditions separating the fa- 
cility from the water table; 

(1) I'he direction and rate of flow of ground 
water from the sites and the extent and 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



170 



PROPOSED RULES 



reliability of on-site and nearby data con- 
cerning seasonal and long-term ground- 
water level fluctuations; 

(J) Potential air emissions including rate, 
direction of movement, dispersion and 
exposure whether from planned or acci- 
dental, uncontrolled releases; and 

(K) Any other relevant factors. 
(4) The following are additional location 
standards for landfills, long-term storage 
facilities »f fHHv and hazardous waste sur- 
face impoundments; 

(A) A hazardous waste landfill, long-term 
storage, or a ft«»w surface impoundment 
facility shall not be located: 

(i) in the recharge area of an aquifer 
which is an existing sole drinking water 
source: 

(iij within 200 feet of a surface water 
stream with continuous flow as defined 
by the United States Geological Sur\e\ : 

(iii) in an area that will allow direct sur- 
face or subsurface discharge to W'.Sl. 
^■r-ArW \\S-\. WS-II or SA waters or a 
Class III Reservoir as defmed in 15 
NCAC 2B .0200 and 10 NCAC I CD 
.0702(6): ' ■ ' i hich aw adopt e d by r e fL'r 

(iv) in an area that will allow direct sur- 
face or subsurface discharge to a wat- 
ershed for a Class I or II Reser\-oir as 
defmed in 10 NCAC lUD .0702(4) and 
(5); vrhich aft^ adoptijd by ruforcncL': 

(v) within 2(J0 feet horizontally of a 
100-year flood hazard ele\ation; 

(vi) within 200 feet of a seismicaUy active 
area as defmed in (c) of this Rule: and 

(vii) within 200 feet of a mine, cave or 
ca\emous bedrock. 

(B) A hazardous waste landfill or long-term 
storage facility shall be located in highly 
weathered, relatively impermeable clayey 
formations with the following soil charac- 
teristics: 

(\) The depth of the unconsolidated soil 
materials shall be equal to or greater 
than 20 feet: 

(ii) The percentage of fine grained soil 
material shall be equal to or greater 
than 30 percent passing through a 
number 200 sieve; 

(iii) Soil liquid limit shall be equal to or 
greater than 30: 

(iv) Soil plasticity index shall be equal to 
or greater than 15: 

(v) Soil compacted hydraulic conductiv- 
ity shall be a maximum of 1.0 x 10-7 
cm sec: 



(vi) Soil Cation E.xchange Capacity shall 
be equal to or greater than 5 milU 
equivalents per 100 grams; 
(vii) Soil Potential Volume Change Index 

shall be equal to or less than 4: and 
(viii) Soils shall be underlain by a com- 
petent geologic formation ha\ing a rock 
quality designation equal to or greater 
than 75 percent unless other geological 
conditions afford adequate protection 
of public health and the en\ironment. 
(Cj A hazardous waste landfill or long-term 
storage facility shall be located in areas of 
low to moderate relief to the extent nec- 
essar}' to prevent landshding or slippage 
and slumping. The site may be graded to 
comply with this standard. 
(5j .All new hazardous waste impoundments 
that close with hazardous waste residues 
left in place shall comply with the stand- 
ards for hazardous waste landfills in (^ {r^ 
(4) of this Rule unless the applicant can 
demonstrate that equivalent protection of 
public health and en%ironment is afforded 
by some other standard. 

(6) The owners and operators of all new haz- 

ardous waste management facilities Vr+il 
shall construct and maintain a minimum 
of two observation wells, one upgradient 
and one downgradient of the proposed 
facility; 44*# purpos e »f tfee^^ v . l ' 11 . Vr4H- be 
y» and shall establish background 
groundwater concentrations and monitor 
annualh' for all hazardous wastes that the 
owner or operator proposes to store, treat, 
or dispose at the facility. aft4 te obtain 
A# relevant informut 'i^*» required undjr 
444 NCAC Ui^ jM i 3 . 1 < b)(13)(B). 

(7) The owners and operators of all new haz- 
ardous waste facihties mur . t shall demon- 
strate that the community has had an 
opportunity to participate in the siting 
process by complying with the following: 

(.-\) The owners and operators shall hold 
at least one public meeting in the county 
in which the facility is to be located to 
inlbrm the community of aU hazardous 
waste management activities including but 
not limited to: the hazardous properties 
of the waste to be managed; the type of 
management proposed for the wastes; the 
mass and volume of the wastes; and the 
source of the wastes; and to allow the 
community to identify specific health, 
safety and environmental concerns or 
problems expressed b\ the community 
related to the hazardous waste activities 
associated with the facilitv. The owners 



ri 



.•>;2 



SORTH CAROLISA REGISTER April 16,1990 



PROPOSED RULES 



and operators muct shall provide a public 
notice of this meeting at least 30 days 
prior to the meeting. Public notice must 
shall be documented in the facility permit 
application. The owners and operators 
shall submit as part of the permit appli- 
cation a complete written transcript of the 
meeting, all written material submitted 
that represents community concerns, and 
all other relevant written material distrib- 
uted or used at the meeting. The written 
transcript and other written material sub- 
mitted or used at the meeting must be 
made asailablo at- shall be submitted to 
the local public hbrary closest to and in 
the county of the proposed site with a re- 
quest that the information be made avail- 
able to the public. 

(B) for the purposes of this Rule, public 
notice shall include: notification of the 
boards of county commissioners of the 
county where the proposed site is to be 
located and all contiguous counties in 
North Carolina; a legal advertisement 
placed in a newspaper or newspapers 
serving those counties; and provision of a 
news release to at least one newspaper, 
one radio station and one TV station 
serving these counties. Public notice shall 
include the time, place, and purpose of the 
meetings required by this Rule. 

(C) No less than 30 days after the fu'st 
public meeting transcript is available at 
the local public librarv', the owners and 
operators shall hold at least one additional 
public meeting in order to attempt to re- 
solve community concerns. The owners 
and operators muf . t shall pro\ide public 
notice of this meeting at least 30 days 
prior to the meeting. Public notice mu^ . t 
shall be documented in the facility permit 
application. The owners and operators 
shall submit as part of the permit appli- 
cation a complete written transcript of the 
meeting, all written material submitted 
that represents community concerns, and 
all other relevant written material distrib- 
uted or used at the meeting. 

(P) The application, written transcripts of 
all public lueclinLis and an\ additional 
matenal submitted or used at the mect- 



ings. and any additions or corrcclions to 
the application, mcludmu an\ responses 
to notices of deficiencies shall be submit- 



available to the public until the pennit 
decision is made. 
(F.) (-J4^ The Department *4' Human R*- 
sourcor i shall consider unresolved com- 
munity concerns in the permit review 
process and impose fmal permit condi- 
tions based on sound scientific, health, 
safety, and environmental principles aft4 
as authorized by applicable laws or rules. 
44te written tran - jcript rt«4 oth e r writt e n 
matoriul r . ubmittod ef u^cd ttt- t4+e mL ' uting 
muiit be mad e availabl e *t t-he local public 
library clo -. e -i t k> a«4 m the county »f the 
prcipo ' - i od Mter 
(s) ff^ -fte prcni ii iono f»f "Mir . oollan e ous 
Init; , " conlainu'd m 40 CFR 264.600 to through 
264.603 (Subpart X), "Miscellaneous I nits", 
have been adopted by reference in accordance 
with G.S. 1 SOB- 14(c). 

^«t^ l>ur; , uant to O^ M3B 216. 13(5)(IO), t4*e 
Gov e m(ir'!i W^ir i tu Managc'inont Hoard br» ecH 
tabli ^. hc'd rt prourimi to- promo to public education 
»«4 public in' i oUL ' mL'nt m t4w dcci '^ ion making 
proce! .'. fo* the i i iting afni permitting ef propoi i od 
' I ' l 'a '. tL ' management facilities. The board w+H i»- 
t*4 localities , m ^i i hii'h facilitie i. afe propoi . ed H+ 



infomiation relating to 

I I L I 1 1 1.. 1 L. 



ted to the local librarx' closest \o_ and in 
the county of the proposed site, with a 
infomiation be made 



ot th 

request that the 



collecting rtft4 recei' t in 

the r . uitability t4 the proponed 

que ' jt »f » local gosemment m which facilities afe 

propo j. ed, the board ««+ dir e ct appropriate agen 

eietr of j. tate go' i emment to d e v e lop l iuch r e l e vant 

data as thwt locality m»*y reasonably request. 

(t) fs^ Appendices \ through V^ contained to to 
40 CFR Part 264 ha\e been adopted by reference 
in accordance with G.S. 150B- 14(c). 

Slatiitofj Authorily G.S. I30.i-294(c). 

.0033 IMKKIM SIAIl S sr,\M).\KI)S FOR 

OWNKKS AM) Ol'KKAlOKS - I'AK I 265 

(a) The general prcT i i i. ion '. contiiined to 40 C['R 
265.1 to through 265.4 (Subpart A), "General", 
have been adopted by reference in accordance 
with G.S. 1501M4(c).' 

(b) "Cjeneral Facility Standards" contain e d io 
40 CFR 265.10 to throuizh 265.18 (Subpart B), 
"Ciencral l'acilit\ Standards", have been adopted 
b_\ reterence in accordance with Cj.S. 150B- 14(c). 

(c) The pros isiou '. fof 'Preparednes 'i ao4 Pfe- 
' ■ ention ' contained im- 40 CFR 265.30 to thrcuigh 
265.37 (Subpart C), "Preparedness and Pre- 
\ention". have been adopted by reference in ac- 
cordance with G.S. 15l)B-14(c).' 

(d) "Conliiigenc> ' Plan rt«4 Fniergency Proc e 
dures" contained » 40 CFR 265.50 to throuszh 
265.56 (Subpart D), "ContineencN' Plan and 
Fmergencv Procedures", have been adopted by 
reterence in accordance with G.S. 1 SOB- 14(c). 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



172 



PROPOSED RULES 



(e) 44*<? proi i ioion f' fcvf 'Manifc ' jt SyatL ' m. R<^ 
oordkL ' L ' pinj. »ft4 Roportinij" contiiin e i] » 40 
CIR 265.70 to throuiih 265.77 (Subpart E), 
"Manifest .System. Rectirdkeeping. and Report- 
ing", have been adopted bv reference in accord- 
ance with G.S. 150B- 14(c).' 

(f) 44+e prtHi^ion *' fof "Ground Wator Moni 
tonnj ' contain e d » 40 CFR 265.90 k+ throuah 
265.94 (Subpart F), 



"Ground-Water 



Monitorint;". ha\e been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(g) ?4+e prosi '^ ionr . fef "ric i urt^ a«4 Po '. l Clo 
euro" contain e d » 40 CFR 265.1 10 to throuizh 
265.120 (Subpart G), "Closure and 
Post-Closure", have been adopted by reference 
in accordance with G.S. 150B-14(c). oxcL'pt Arrf- 
40 e+44 265. 120 (4h » r e wnlt e n r» followj: -^ 
at- a»y tim e At* ov i nor t*f oporalor ef am- f ' Ub '. c 
quL ' nt oV i iiL ' r i-4~ t-h* land upon v . hich a ha/ardou '. 
V i U 'i ti? facility wa^ locat e d romo' i eo Ae V i a -. t e a«4 
' . i . a ' jt e rO '. iduL": . . Ae liner, rf am-r awd- etU contain 
inated underlying aH4 lairrounding ^e+W ke may 
a44 a notation t+ft (4+e deed to tfee facility prop 
erty e+ other instrument normally examined tkw- 
iftg t+rie ' - ' Oarch. Lndicalmg Ae remosal ei^ Ae 
V i avt e ." 

(h) "Financial RL ' quirement '. ' ccmtained H+ 40 
CFR 265.140 to throudi 265.151 (Subpart Hj, 
"Financial Requirements '. have been adopted 
by reference in accordance with G.S. 150B- 14(c), 
except that 40 CFR 265.143(a)(3), (a)(4), (a)(5), 
(a)(6). and 40 CFR 265.145(a)(3j. (a)(4), (a)(5). 
(a)(6), are not adopted by reference. 

(1) The following shall be substituted for the 
provisions of 40 CFR 265.143(a)(3) which 
were not adopted by reference: 
"The The owner or operator mu ' jt shall 
deposit the fuU amount of the closure cost 
estimate at the time the fund is estab- 
hshed. \Mthin 1 year of the effective date 
of these regulations, an owner or operator 
using a closure trust fund established prior 
to the etTecti\'e date of these regulations 
shall deposit an amount into the fund so 
that its value after this deposit at least 
equals the amount of the current closure 
cost estimate, or shall obtain other finan- 
cial assurance as specified in this f l ection." 
Section. 
(-^ 44^ following 4tTtH- ^ ■■ uh -. titut e d tW Ae 
provi-ionv ^ 411 Pl-R- 265 1 l."i(ai( 1) v , hich 
' ■ ' ■ ere fte4 adopted t^ reterence: 
"Dek ' ted" 
(4-} 4Ae lollo' i ving -hall t>e L i ub '^ tituled ft*F Ae 
provi '. ion ' j t4 4t> CFR 265.1 13(ai(5) which 
' i i . er e ?+e4 adopted l*>i^ reference: 
"LX'leted" 



(2) (-4+ The following shall be substituted for 
the provisions of 40 CFR 265.143(a)(6) 
which were not adopted by reference: 
"After After the trust fund is established, 
whenever the current closure cost estimate 
changes, the owner or operator mur . t shall 
compare the new estimate with the trus- 
tee's most recent annual valuation of the 
trust fund. If the value of the fund is less 
than the amount of the new estimate, the 
ou ner or operator within 60 days after the 
change in the cost estimate, mur . t shall ei- 
ther deposit an amount into the fund so 
that its \alue after this deposit at least 
equals the amount of the current closure 
cost estimate, or obtain other financial 
assurance as specified in this section to 
co\er the difference " difference. 

(3) (4-f Fhe foUowma shall be substituted for 
the provisions o{ 40 CFR 265.145(a)(3) 
which were not adopted by reference: 
"The The owner or operator mu ' jt shall 
deposit the full amount of the post-clo- 
sure cost estimate at the time the fund is 
established. Within 1 year of the effective 
date of these regulations, an owner or op- 
erator using a post-closure trust fund es- 
tablished prior to the effective date of 
these regulations shall deposit an amount 
into the fund so that its value after this 
deposit at least equals the amount of the 
current post-closure cost estimate, or shall 
obtain other financial assurance as speci- 
fied in this Section " Section. 

(4+ Tht* foHov i ing '. hall l*e substitut e d fof Ae 

prosisionr . t4 44J CFR 265.1 I5(a)( 1) which 

v . ere ftrt- adopted t*v refL ' rence: 

"Deleted" 
(-?-)■ 44*e follov , ing "hall l*e substituted fw= t+H» 

pro' i isions t4 4« V\ W 265- 1 I5(a)(5j ' . ' . hich 

v i ere fwH adopt e d fe>¥ referonco: 

"D e leted" 

(4) (-% Fhe follow ing shall be substituted for 
the provisions of 40 CF'R 265.145(a)(6) 
which were not adopted by reference: 
"After .After the trust fund is established, 
whenever the current post-closure cost 
estimate changes during the operating life 
of the facility, the owner or operator must 
shall compare the new estimate with the 
trustee's most recent annual \'aluation of 
the trust fund. If the \alue of the fund is 
less than the amount of the new estimate, 
the owner or operator, w ithin 60 days af- 
ter the change in the cost estimate, must 
shall either deposit an amount into the 
fund so that its walue after tlris deposit at 
least equals the amount of the current 



7 "3 



5:2 i\ORTH CAROLLXA REGISTER April 16, 1990 



PROPOSED RULES 



post-closure cost estimate, or obtain other 
financial assurance as specified in this 
section to cover the difToronco." difference. 
(i) The provisions fof "Uso aft4 Manugomont 
ef Containers" contain t ' d m 40 CFR 265.170 te 
through 265.177 (Subpart I), "Use and Manage- 
ment of Containers", have been adopted by ref- 
erence in accordance with G.S. 1 SOB- 14(c). 
OKCopt that- 40 CV'R 365.17 ' ! i« set adopted by 
roforunco. Additionally, the owner or operator 
shall keep records and results of required in- 
spections for at least three years from the date of 
the inspection. 

(4^ 44*** following shall be substituted f»f the 
provisions ef 44 (3FR 365.I7 ' 1 which wore 
ftBt- adopted by reference: 
"265. 17 ' l Inspoctiono. 
■frha owner Bf operator must inspect areas 
where containers afe stored »*■ l e ast ' ■s eekly 
fef leaks aft4 fef deterioration caused by 
corrosion ef other factors. A leg &f ift- 
spections must be k e pt fof at l e ast three 
> ' ears from the date ef the inspection. 
[Comment: See Section 265.171 fof fe- 
medial action required if deterioration e* 
leaks afe detected.) ' 
(j) 44*e provisions fof "Tanks" contained ift 40 
CFR 265.190 to through 265.201 (Subpart J), 
"Tank Systems", have been adopted by reference 
in accordance with G.S. 150B- 14(c). 

(k) 44+e provisions fof "Surface 
Impoundments" contained m 40 CFR 265.220 
te through 265.230 (Subpart K), "Surface Im- 
poundments", have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(1) ¥he provisions fof "Waste Piles" contained 
m 40 CFR 265.250 te through 265.258 (Subpart 
L), "Waste Piles", have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

(m) The provisions fof 'I and Treatment" con 
tailed m 40 CFR 265.270 te throudi 265.282 

been 
G.S. 



(Subpart M), "1 and Treatment 



have 
accordance with 



Ixindfilhi" contained i«- 



adopted by reference 
150B- 14(c). 

(n) 44*e provisions fof 
40 CFR 265.300 to through 265.316 (Subpart 
N), "I andfiUs", have been adopted by reference 
in accordance with G.S. 15<^)B- 14(c). 

(o) '44*e provisions fof "Incinerators 



contained 

m 40 CFR 265,340 te- through 265.352 (Subpart 
O), "Incinerators", have been adopted by refer- 
ence in accordance with G.S. 150B- 14(c). 

(p) 44*e prosisiono fof "Thennal Ireatinent ' 
contained h* 40 CFR 265.370 te through 265.383 
(Subpart P), "Thermal "I'reatment". have been 
adopted by reference in accordance with G.S. 
150B- 14(c). 



Biological 1 roatmont" contain e d ifl- 40 CFR 
265.400 to through 265.406 (Subpart Q), 
"Chemical, Physical, and Biological Treatment", 
have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

(f) Th^e provisions fof "Underground 

Injection" contained m 40 €**- 265.130 (Sub 
part- -R^ have been adopted by reference m ae- 
cordanc e with ^^t^ 15()B 1 1(c)" 

(r) fft^ Appendices i through V contained m to 
40 CFR Part 265 have been adopted by reference 
in accordance with G.S. 150B- 14(c). 

Statutory Authority G.S. l30A-294(c). 

.0034 THE HAZARDOUS WAS! E PERMIT 
PROGRAM - PART 270 

(a) The following provisions fof pennitting fe- 
quirements contained in- 40 CFI - l ¥U^ (Subpart 
At General Infonnation) 40 CFR 270. 1 through 
270.6 (Subpart A), "General Information", have 
been adopted by reference in accordance with 
G.S. 150B- 14(c). For the purpose of this 
adoption by reference, "January 26, 1Q83" shall 
be substituted for "July 26. 1982" contained in 
40 CFR 264.^(Ha). 



(4) 40 GW4- 3W4t Purpose aft4 Seepe ©f 

these Regulations; 
(4) 40 Qi^^m.^ Definitions; 
f^ 40 4-4* ¥PX^ Consid e ration IJnder 

Federal Tawf 
f4^ 40 €444- 3JOr4T afeet »f a Permit; 
(-i> 40 GW4- 270.5. Non compliance aft4 

Program R e porting h¥ »4*e Dir e ctor; 
(4^ 40 4444 ¥VM^ References. 
(b) T4te following provisions fof additional pe»^ 
mitting requirements contained ift 40 CFR ¥^ 
(Subpart ^ Pemiit Application) 40 CFR 270.10 
througli 270.29 (Subpart B), "Permit 
Application '. have been adopted by reference in 
accordance with G.S. 150B- 14(c). 

(4> 40 G4* 270.10, G e neral Application 

Requirements; 
^ 40 4444r 270.11. Signatori e s to P e rmit 

Applications aftd Reports; 
(J^ 40 4444- 270.12, Confidentiality t»f tftfef- 

mation; 
Hi 40 4444- 270.13. Contents ef Raft A t4 the 

Pennit jXppliciitions; 
(4^ 40 C444- 27().M. Contents (4 ^Wt ii 

Cjeneral Requirements; 
1^ 444 4444- 270.15. Specific Raft I» htfef- 

mation Requirements fof Containers; 
(^ 40 4444 270.16, Specific Rart li fofoi^ 
mation Ftequirements fof lunks . ; 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



174 



PROPOSED RULES 



i^ 4a GPJ^ 270.17, Spc ' ciric feft- ft ^ftfef^ 

mutidn Rc'quiR ' mt ' nt ;. fof Surfacij fe*- 

poundmunt i i; 
1^ 4Q GH4: 27fl.lS, Sp f oirio fert ft hrf&<^ 

mutidn Raquir e m t' ntK i fw Wuat t> Filcj; 
^44} -W (44^ 270. ItJ, Spocit'io ^^af<- ft fafet^ 

million RoquirL ' mL ' nt i. fo* InoinLTutHrn; 
^444 4a QA^ 270.20. Spfcific fetft- ft fafef- 

mation RequirL'nit ' nt ' j fof LanJlill Land 

I'roatmL ' nt I'aoilitior i . 
(40^ 4a 044 270.21. Sp c cirio ftrtrt ft ftrfw^ 

mat ion RouuiaMnontn fef Land • 



luiLiliti e ti Londfill. 
f44^ 40 QPft 270.23 Spc ' cifio fta<4 ft infonna 
ttt-H* ri ' quirL ' m e ntr . fevf mi -. c e llanL ' ou^ . unitr . ; 
(44+ 4a (444- 270. 2Q I't ' nnit D e nial: 
(c) f+^ The following arc additional opt ' oific 
Part B mtormation requirements for all treat- 
ment, storage or disposal facilities: 

( 1 ) fA^ A dcT . cription Description and doc- 
umentation of the public meetmgs as re- 
quired in 10 NCAC lOF .0032 (^ (r|(7); 

(2) fft^ A description of the hydrological and 
geological properties of the site including, 
as at^ a minimum, flood plains, depth to 
water table, ground water travel time, 
seasonal and longterm groundwater level 
fluctuations, proximity to pubhc water 
supply watersheds, consolidated rock, soil 
pH, soil cation exchange capacity, soil 
characteristics and composition and 
permeability, existence of cavernous be- 
drock and seismic activity, slope, mines, 
climate, location and withdrawal rates of 
surface water users within the immediate 
drainage basin and well water users within 
a one rrule radius of the facility; water 
quality infomiation of both surface and 
groundwater within 1000 ft. of the facility, 
and a description of the local air quality; 

(3) fC-^ A descnption of the facility's proxim- 
ity to and potential impact on wetlands, 
endangered species habitats, parks, forests, 
wilderness areas, historical sites, mines, 
and air quality; 

(4) f4^ A description of local land use in- 
cluding residential, industrial, commercial, 
recreational, agricultural and the proxim- 
ity to schools and airj^orts; 

(5) ff4 A description of the proximity of the 
facility to waste generators and population 
centers; a description of the method of 
waste transportation; the comments of the 
local community and state transportation 
authority on the proposed route, and 
route safety. Comments should include 
proposed altemati\c routes and re- 



strictions necessary to protect the pubhc 
health; 

(6) (4^ A description of facility aesthetic fac- 
tors including visibility, appearance, and 
noise level; and 

(7) fG^ A description of any other objective 
factors that the Department ef Human 
Re'.iHuroos determines are reasonably re- 
lated and relevant to the proper siting and 
operation of the facility. 

f4-6^ 44h» following afe iulditionul iipociflc Part 
ft information requir e monts fe* compro 
hL ' U ' ji' i 'B ha/ardouii waiitu treatment facili 

fA4 A dcf i cription »f tbe local ironing 6«f- 

rounding Ae facility; 
fft4 A dcr i cription *4 tht* bulTcr gonou s«f- 

rounding Ae facility; 
fG-^ A dt"- i cription t»f t4te asailability ef trtil- 

rt«» k» Ao facility; 
(-&) A dtT i cription ej^ tJte availability t»f ew41 

dcfen - ii ' ' . . L ' P i ict ' r . to t-h^ facility; 
fP4 A dL". . criptiun »f A<* fife r . afoty »f the 

facility; 
f+4 A dcf i cription t4 accL ';. !i iftk» tl»(* facility. 

rtft4 t4+* t' xi^ i ting »«4 propor . L ' d road ft«»t- 

work around t+H» facility; 
fG+ 44w di '. tancc > from ttn* facility tw- the 

noaroi i t pol> chlorinat e d biph e n>l landflll 

facility »ft4 haj'.ardous si i 'a j. t e landflll facil 

fH4 A dor . cription of Ae procoduro i ; ti»t- 

t 1 •■ 1 1 V-t.A ■-! J-t-» T- . 1 . -t 1 , t , 1 t ■-1 ■-> J-1 .- 1 1 T-i 1 t '-> - » ♦ 1-t - » J ■ t T-j- I ■"! I 1 f 

wa ;. t e '. hall fte* tx* ^. tored fof o' .e r Oa da)s 
prior k+ treatm e nt t+f di 'i po ;. al; 
f4-+ A dcM . oriplion e4' »f¥r other objective 
lactor c ' i tha* tl*e Departm e nt »f Human 
R e;. ource !. determine ;, aft* rea -i oncibly «»- 
laled »h4 relevant k+ (4+e proper i. iting afwi 
op e ration (4" th*» facility; 
(d) f+4+ 44+e following we additional In addi- 
tion to the Specific Part B Information Require- 
ments for I ong term Retri e vabl e Storage, 
1 ong lenn Storage I'licilitieii e* 1 la/.ardous 
\Va ;. te 1 andflll ; ' . : hazardous waste disposal facil- 
ities, owners and operators of ha/ardous waste 
landfills or longtcnn storage facilities shall pro- 
vide the tollowing information: 

/ \ \ I 1^ . t i-\\\ • fi .-^ri-- -in. I .^ t-v. t «-■ 1 ♦ .~> t-L- »-»-t 1 1 .-■ t r~kr.-~\\ ■ t ,-\ n 

\ i \. J I l\\J I ' f ? I IL I ,' 111 lU 1. ' L ■ \- T TTT T TI . T rTTTTT'T I ' I T,/ T IViV 

(+H» following infonnatK)!! about t4*e V i ii ' .Ue 
afHl und e rground ^. torag e of either a haa 
ardou '. ' ■ Sii '. t e landfill of long t e nn ^. torago 
facility: 

( 1 ) f++ Design drawings and specifications of 
the Icachate coUcction and removal sys- 
tem; 

(2) fiH Design drawings and specifications of 
the artificial mipcrvious liner; 



175 



:):! 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



{\) (+»+| Design drawings and specifications of 
the clay or clay-like liner below the artifi- 
cial liner, and a description of the perme- 
ability of the clay or clay-like liner; and 

(4) fjvf A description of how hazardous 
wastes will be treated prior to placement 
in the facility, a* requir e d m 4-0 NCAC 

-wi .no32(o)(2)(n). 

(e) f-l-X^ 4-ht» follov\ing c*f«> additional In addi- 
tion to the specific Part B Information require- 
ments for Surface Impoundments, owners and 
operators of surface impoundments shall provide 
the following intormatiom 

( 1 ) fA+ Design drawings and specifications of 
the Icachate collection and removal sys- 
tem; 

(2) f4^ Design drawings ;md specifications of 
all artificial impervious liners; 

(3) (4^ Design drawings and specifications of 
all clay or clay-like liners and a descnption 
of the clay or cla> -like liner; and 

(4) fO| Design drawings and specifications 
that show that the facility has been con- 
structed in a manner that will prevent 
landsliding. slippage, or slumping. 

(f) fe} 44h» follo' i sing prosi '. ioii ' j fr** additional 
permitting roquirfmunt -. contain e d m 444 C 1 ' \\ 
¥m (Subpart Or I' e rmit CondUion -. ) 40 CI R 
27(1.30 through 270.33 (Subpart C). i'crmil 
Conditions", have been adopted by reference in 

5(JB- 14(c). 



]\pplicabl e 



^ 

m 
^ 



accordance with Cj.S. 

f4^ 4a 4-444- 270.3 1 ). Cunditiom , 
to cttt IV ' rmit 'i ; 

m 4444- 270.31. Requirem e nt -. t+*f R^ 
cordina eH+4 Re port in a t4 .Monitoring 
Ro '. ultf , ; 

4« 4444- 270.32. I'L . tabli -. hing I'ermit 
Condition^ . ; r*«4 

4a 4444 270.33, Scheduler , wf Compli 
anc e . 
(g) fd^ 44te follosving pros i -. ionr . fof additional 
permitting requirement; , contained m -W C 1 R 
¥M (Subpart ftr ChangL" . U* Permit) 40 CI R 
270.40 throuuh 270,43 (Subpart D). "Chani'es to 
t'ennit". ha\'e been adopted bv reference in ac- 
cordance with G.S. 1 SOB- 14(c).' 

f4^ 4a 4444- 270. . 10. Transfer nf Pennits: 

4a 4444: 270. 11, Major Modificalion »f 
Re' i ocalion ttft4 Rei '.'. uance t4 Permit ;. ; 

4a 4444: 27 (1 . 12. Permit modification tri- 
Af requei . t «4 tite pennittee; 
^ 4a 4444- 270. . 13, l e nninalion t4' P e rmit -. . 
(h) (-e-f -14he folUHving prosi -. iiMi -. fof additional 
permiltuig ree|uiremenl ' - i contained m- -W Cl'14. 
i^M (Subpart V^ 40 Cl'R 270.50 throuizh 270.51 
(Subpart I"), ''Ixpiration and Continuation of 
Permits", have been adopted b\ retcrence in ac- 
I50B- 14(c).' 






(4^ 4a 4444- 270.50, Duration t4 I'urmitr , ; m4 
f^ 4a 4444- 270.51, Continuation »f i' . Kpinng 
Permit ;. . 
(i) fi4 -t+H» following provi ' iion; . fof additional 
permitting requirement ;, contained m -W 4444: 
^^a (Subpart 4-\ Special form -. t4 P e rmit -. ) 40 
CI R 270.60 through 270.65 (Subpart F], "Spe- 
cial Ic^rms oj_ Permits", have been adopted by 
reterence in accordance with Cj.S. 150B- 14(c). 
(4-^ 4a 4444- 270.60, [>ei-mit bv V^ii^ 
f4| 4a 4444- 270.61, i'mergencv IVnnit -. ; 
f^ 4a 4444: 270.62, Iki/ardou;, Wa ;, te fo^wi- 

e rator Pennit;.; 
f4^ 4a 4444- 270.63, Permit- fof U»^ '4^fi^»i- 
ment Demon -. Iralion ;. u ;. ing I'iuld l e;. ! »f 
I aboratoP i j\nal; i i. i; . ; 
f^ 4a 4444- 27065 14e -. eaich m4 Develop 
m e nt *h4 D e mon -. lralion i'ermit; . . 
(j) fe| 44*e follo' i sing prosi -i ion ;. fof additional 
permitting requirement -, contained m -W C I . R 
i^ (Subpart 4^ Interim Statu; . ) 40 CI R 270.70 
thrcnmh 270.73 (Subpart (i). "Interim Status", 
ha\e been adopted by reference in accordance 
with G.S. 150B-I4(c). However, tj^ 4rt4<> "No 
vember X^ li i S;5" contained m 4a 4444- 270.73(c) 
-. hall bt^ deleted c*ft4 replaced with tltt» dat e ".Ian 
uiiry -W i' ) S6". I or the purpose of this adoption 
bv reference, ".lanuarv _L 10X6" shall be substi- 
tuted 



CI R 



for "Ncnember !v 

270.73(c) 



')X5 ' contained in 40 



(44 4a 4444- 270.70, Qualifying fof Int e rim 

Statu -. ; 
I Ti 1 c 1 . 1.^ iTo -7 1 o^..r..t;..,^ . iii^;.,.. i.^t..^;,^ 

Statu -. ; 
{^ 4a 4444: 270.72, Change -, during Int e rim 

Statu -. ; «ft4 
i4i 4a 4444- 270.73. I'ermination (4 Interim 

Statu -. . 



cordance with G.S. 



(k) fh4 Permitting I he tollowing are additional 
pemTJtting requirements concerning operating 
record of other facilities. 

( 1 ) Di '. clo -. ur e Stat e ment I4 e quir e m e ntr . . An 
applicant appl_\ ing for a permit for a FitHV 
hazardous vsaste facility shall submit a 
disclosure statement to the Department 
as a part of the appUcation for a permit 
or any time thereafter specified by the 
Department. The disclosure statement 
shall be supported by an affidavit attesting 
to the truth and completeness of the facts 
asserted in the statement and shall include: 

(A) A brief descnption of the form of the 
business (e.g. partnership, sole proprie- 
torsliip, corjsoration, association, or 
other); 

(B) i he name and address of an> hazardous 
waste facility constructed or operated after 
Octolier 21, 1976 by the applicant or any 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



r6 



PROPOSED RULES 



parent or subsidiary corporation if the 
applicant is a corporation; and 

(C) A list identifying any legal action taken 
against any facility identified in (^ (k) 
(1)(B) of this Rule involving: 

(i) any administrative ruling or order is- 
sued by any state, federal or local au- 
thority relating to revocation of any 
environmental or waste management 
permit or license, or to a violation of 
any state or federal statute or local or- 
dinance relating to waste management 
or environmental protection; 

(ii) any judicial determination of liability 
or conviction under any state or federal 
law or local ordinance relating to waste 
management or environmental pro- 
tection; and 

(iii) any pending administrative or judi- 
cial proceeding of the type described in 
this Part. 

(D) The identification of each action de- 
scribed m (fe^ (k) (1)(C) of this Rule shall 
include the name and location of the fa- 
cility that the action concerns, the agency 
or court that heard or is hearing the mat- 
ter, the title, docket or case number, and 
the status of the proceeding. 

(2) In addition to the information set forth 
in Subparagraph ffe^ (kj ( 1 ) of this Rule, 
the Department may require from any 
applicant such additional information as 
it deems necessary' to satisfy the require- 
ments of Gt^ l.iOA 2^\ ttft4 l.fflA 201. 
G.S. l.^nA-2Q5. Such information may 
include, but shall not be limited to: 

(A) The names, addresses, and titles of all 
officers, directors, or partners of the ap- 
plicant and of any parent or subsidiary 
corporation if the applicant is a corpo- 
ration; 

(B) The name and address of any company 
in the field of hazardous waste manage- 
ment in which the applicant business or 
any of its officers, directors, or partners, 
hold an equity interest and the name of 
the officer, director, or partner holding 
such interest; and 

(C) A copy of any administrative ruling or 
order and of any judicial determination of 
liability or conviction described in fh-^ (k| 
(1)(C) of this Rule, and a description of 
any pending administrati\'e or judicial 
proceeding in that item. 

(3) -H+e Dcpurtmunt may ' ■ vui'nj At> require 
mont tH- j. ubmit »ft¥ p«f(- e>f purto »f A^ 
di '. clo '. uro '. tatL'mL'nt if it find ' ' , ttet- r . ub 
miL i i i ion »f ' juch iiiiorinulioii t* Hot- nt ' CL"j 



safy to satisfy Ae r t^ quiremonts ef G.S. 
1.10 A 201 aft4 130A 201. If t_he Depart- 
ment finds that any part or parts of the 
disclosure statement is not necessary to 
satisfy the requirements of G.S. 13()A-295, 
such information shaU not be required. 
(1) An applicant for a new, or modification to 
an existing, commercial facility permit, shall 
provide a description and justification of the need 
for the facility. 

Statutory Authority G.S. l30A-294(c); 
l30A-295(a)(I) and (2). 

.0035 GENER.AI. PROGRAM REQl IREMENTS 
-PART 124 

■Pbe following d t^ ci j ion making rcquiremcnt j. fof 
pcnnit j. contained vpt 4(4 CI'R 4-24 (Subpart A^ 
4n CFR 124.1 through 124.21 (Subpart A), 
"General Program Requirements", have been 
adopted by reference in accordance with G.S. 
150B- 14(c)', except that 40 CFR 124.2(c) is not 
adopted by reference. 

(4^ 4<4 G4^ 4^4-4r Purpos e aft4 Scop e ; 

f4| 4ft Gj^ 121 .2. D e finitions (as modifi e d » 
4444e .0002 »f tb» Subchapter); 

(4^ 4ft ir^A^ 4^407 Application fef » Permit; 

(4^ 4ft Q\^ 4-34.^ Modificulion, Revocation 

(4> 4ft 4;H4 4J4r^ D»ft Permits; 

ij^ 4ft QH^ 4^4.;^ Statement trf Ba^ 

1^ 40 QW4 444.*T t«^ Sheett 

i^ 4ft PW4 4J4A Administrativ e R e cord fef 

Draft Permits Wlien ti4iA i* tfee Permitting 

Authontv; 
1^ 4ft C444- 121.10. Public Notic e Of P e rmit 

i\ctions aft4 Public Comment Period; 
(444+ 4ft GH^ 121.11, Public Comments Aft4 

Requ e sts -Pof Public H e arings; 
f44+ 444 044^- 12L12, Public Hearings; 
f+4+ 4ft €4^ 121.13. Obligation to fai^ i«^tH» 

afi4 provide information during Ae public 

comment period; 
(44^ 4ft G4^ 121.11. R e op e ning ef Ow public 

comment period; 
(44+ 4ft C4^ 121.1 5, Issuanc e a«4 offoctive date 

ef permit; 
(44+ 4ft G44^ 121.16, Stays of cont e st e d p e nnit 

conditions; 
f44+ 4ft G44^ 121.17, Respons e to comments; 
1,^ 444 G4^ 124. IS, .\dministrativ e R e cord fef 

Final Pennit When FPiV » t4+i* Permitting 

Authorilv: 
f4*) 4ft t4* 12 1.10. .Vppt'al (rf RCRiV, 4r4e 

aft4 i'SD Pennits; aft4 
f40+ 4ft Gf^ 12T2n, Computation ef 44«^ 



Statutory Authority G.S. l30A-294{c). 



177 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



PROPOSED RULES 



.0039 STDS: MGMT/SPECIFIC HAZARDOUS 
WASTE: FACILITIES - PART 266 

(a) 34i» following provinionti fof recyclabl e ma- 
torials ui . L ' d i» a mannor coni i tituting disposal 
contain e d » 40 CFR 266.20 to through 266.23 
(Subpart C), "Recyclable Materials Used in a 
Manner Constituting Disposal", have been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c). 

(b) W»e following provisions fof "Ila/ardouo 



contained 
throuah 266.35 



Waoto Dumod fof I'norg)- Recovery' 

ift 40 CI'R 266.30 te ^64^44 

(Subpart D), "Hazardous Waste Burned for l:n- 
ergv Recover\", have been adopted by reference 
in accordance with G.S. 1 SOB- 14(c). 

(c) 44*e following provision fsf "Us e d Oil 
Burned fof Lin e rgv Roco' i or ; " contain e d is- 40 
CFR 266.40 te through 266.44 (Subpart E), 
"Used Oil Burned for Unergv Recovery", have 
been adopted by reference in accordance with 
G.S. 1 SOB- 14(c). 

(d) fte follosving provision fo* I'l e cyclable Ma 
terials Utiliz e d fof Pr e cious Metal RecoseP T ' 
contained m 40 CFR 266.70 (Subpart F), "Re- 
cNclable Materials I tili/ed for I'recious Metal 
Recovery", has ha' .e been adopted by reference 
in accordance with G.S. 1 SOB- 14(c). 

(e) The following provisions fof Sp e nt I ead 
j\oid Batteries boine reclaimed contain e d fo 40 
CFR 266.80 (Subpart G), "Spent lead- Acid 
Batteries Being Reclaimed", has base been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c). 

Statutory Authority G.S. l30.4-294(c). 

.0041 REQS: ALTIIORIZATION: STATE 

HAZARDOl S WASTE PRGS - PART 271 

The following provir . ions fof A*» "sharing ef m- 
fomiation" m 40 CFR 271.17, "Sharing of In- 
formation", has have been adopted by reference 
in accordance with G.S. 1 SOB- 14(c). 

Statutory Authority G.S. l30A-294(c). 

.0042 LAND DISPOSAL RESTRICTIONS 
- PART 268 

(a) 44*e "Gen e ral" pro' i isiono contained ift 40 
CFR 268.1 te through 268.13 (Subpart A), 
"General", have been adopted by reference in 
accordance with G.S. 1 SOB- 14(c). 

(b) 44i<* "Prohibitions »» Ljand Disposal" pro 
visions contained m 40 CFR 268.30 to througli 
268.33 (Subpart C), "Prohibitions on 1 and Dis- 
posal", have been adopted bv reference in ac- 
cordance with G.S. 1S0B-I4(c). 

( c ) 44w ' Treatment Standards" provisions con 
teftt>4 m 40 CFR 268.40 to throudi 268.44 



(Subpart D), "Treatment Standards", have been 
adopted by reference in accordance with G.S. 
1 SOB- 14(c). 

(d) The "Prohibitions eft Storag e " provisions 
contained » 40 CFR 268.50 (Subpart E), "Pro- 
hibitions on Storage", has have been adopted by 
reference in accordance with G.S. 1 SOB- 14(c). 

(e) Appendices i ami 144 contained ift to 40 
CFR Part 268 have been adopted by reference in 
accordance with G.S. 150B-14(c). 

Statutory Authority G.S. I30A-294(c). 

SUBCHAPTER lOG - SOLID WASTE 
MANAGEMENT 

SECTION .0100 - GENERAL PROVISIONS 

.0101 DEFINITIONS 

The defmitions in G_S_ 130A-2qO and the fol- 
lowing definitions shall apply tliroughout this 
Subchapter: 

Statutory Authority G.S. I30A-294. 

.0102 .\PPLICABILITY 

These solid waste disposal management rules 
are for general application tliroughout the State 
of North Carolina unless otherwise specifically 
indicated by their context. Rules found in Sec- 
tion .0700 of this Subchapter apply to the Divi- 
sion's program for sohd waste management and 
also to the Division's program for hazardous 
waste management. All other rules of this Sub- 
chapter apply to the Division's program for solid 
waste management but not to the Division's 
program for hazardous waste management. 
Other hazardous waste management program 
rules are found in 10 NCAC lOF. The official 
policy and purpose of the State of North Caro- 
lina in regard to solid waste control is set forth 
in Article 9 of Chapter 130A of the North Caro- 
lina General Statutes. 

Statutory Authority G.S. 130A-294. 

.0103 GENERAL CONDITIONS 

(d) Solid waste shall be disposed of at a solid 
waste disposal site in accordance with the Solid 
Waste Management Act and the Federal Act. 
Hazardous waste, lead acid batteries, liquid 
waste, including used oil, infectious waste, and 
any other wastes that may pose a threat to the 
en\ironment or the public health, as determined 
by the Division, are prohibited from disposal at 
a solid waste disposal site. 

(g) White goods shall not be disposed at a solid 
waste disposal site after Januap> _L l^Ql. 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



178 



PROPOSED RULES 



(h) Bv July J_^ 1991, all solid waste management 
facilities owned and operated bv or on behalf of 
a local gONcmmcnt. except facilities which will 
receive no waste after Julv J_^ 1992 shall install 
scales and weigh all solid wastes when it is re- 
ceived at the facility. 

(\)_ Bv Julv _L 1991. each local government op- 
erating a pcnnitted solid waste management fa- 
cility shall initiate a solid waste recycling program 
which shall be designed to achieve the goal of 
recycling at least 25 percent of the municipal 
solid waste stream bv Januar\ _L 1993. pnor to 
final disposal or mcincration at a solid waste dis- 
posal facility. 

(jl .After January ]_, 1994, all acti\-e sanitary^ 
landfills (except demolition landfdls) shall be 
equipped with Imers. leachate collection systems 
and final cover systems. 

Statutoiy Authority G.S. 130A-294. 

SECTION .0200 - PER.MITS FOR SOLID WASTE 
MANAGEMENT FACILITIES 

.0201 PERMIT REQUIRED 

(b) The permit shall ha\e two parts, as follows: 
( 1) A permit to oporutj construct a solid waste 
management facility shall be issued by the 
Di\ision after site and construction plans 
have been approved and it has been de- 
termined that the facility can be operated 
in accordance with the applicable rules set 
forth in this Subchapter and so as to pro- 
vide reasonable protection to the envi- 
ronment and the public heahh. An 
applicant shall not clear or arade land or 
commence construction tor a solid waste 
management facilit\' until a construction 
pennit has been issued. 
A permit to operate a solid waste man- 
agement facilit\- ma\ not be issued unless 
It has been determined that the facility has 
been constructed in accordance with the 
construction pennit. that an\ pre-opera- 
tne conditions of the construction permit 
have been met, and that the construction 
permit has been recorded, if applicable, in 
accordance with Rule .1)204 of this Sec- 
tion. 



{A 



Staiuioij Authority G.S. I30A-294. 

.0202 PERMIT APPLICATION 

(a) Application for permits required by Rule 
.0201 of this Subchapter should be forwarded to 
the Solid Waste Branch, Division of Heahh Ser- 
vices, P.O. Bo.x 2U91, Raleigh, N.C. 27602. 



Permit applications shall contain the following 
information: 

(1) Site and construction plans; 

(2) Aft approval A letter from the unit of local 

government having zoning authority over 
the area where the facility is to be located 
stating that the proposed facility meets all 
of the requirements of the local zoning 
ordinance, or that the site is not zoned; 

(3) Detailed plans and specifications for solid 
waste management facilities (except dem- 
olition landfills) shall be prepared by a 
professional engineer. The plans shall 
bear an imprint of the registration seal of 
the engineer; and the geological study 
shall bear the seal of a licensed profes- 
sional geologist, in accordance with 
N.C.G.S. Chafer 89F.; ttfi4 

(4) A permit for a solid waste disposal facility 
issued on or after JuK _L 1990, shall be 
issued onl\ upon receipt of plans for the 
establishment bv JuK ]_^ 1991 of a recycl- 
ing program within the count\' where the 
facility is to be located: and 

(5) f44 Any other Lnlomiation pertinent to the 

proposed facility. 

Statutoiy Authority G.S. I30A-294. 

.0203 PERMIT APPROVAL OR DENIAL 

(e) When the Division denies a permit for a 
solid waste management facility, it shall state in 
writing the reason for such denial and shall also 
state its estimate of the changes in the applicant's 
proposed activities or plans which will be re- 
quired in order that the applicant may obtain a 
permit. A denial shall be without prejudice to 
the person's right to a hearing or for filing a fu- 
ture request after revisions are made to meet ob- 
jections specified as reasons for denial. Reasons 
for denial are: 

(1) Submission of incomplete information; 

(2) Failure to meet the requirements set forth 
in Sections .0300, .0400 and .0500 of this 
Subchapter applicable to the type of fa- 
cility applied for; or 

(3) The past conduct bv the applicant, as de- 
fined in C}.S. 13(IA-309. 06(b). which has 
resulted in repeated violations of solid 
waste management statutes, these Rules. 
or orders issued thereunder, or \iolations 



of permit conditions of a solid waste 
management facilit\' located in this State: 



or 



(4) f4^ .Any other reasons which would prc\ent 
the solid waste facility or site from being 
operated in accordance with Article 9, 
Chapter BOA of the General Statutes, 



179 



.•>.-2 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



these Rules, the Federal Act, or accepta- 
ble engineering or public health and envi- 
ronmental standards. 

Statutory Authority G.S. 130A-294. 

SECTION .0300 - TREATMENT AND 
F'ROCESSING FACILITIES 

.0301 APPLICATION REQLIREMENTS 

This Rule contains the information required for 
a permit apphcation for each treatment and pro- 
cessing facility. A minimum of three sets of the 
following information shall be required in each 
application: 

(1) Site and operation plans; 

(2) Aft approval A letter from the unit of local 
government having zoning authority over 
the area where the facility is to be located, 
aft4 stating that the proposed facility meets 
all of the requirements of the local /.onmg 
ordinance, or that the site is not zoned: and 

(3) Any other information pertinent to the 
proposed facility. 

Statutory Authority G.S. I30A-294. 

SECTION .0400 - TRANSFER FACILITIES 

.0401 APPLICATION REQLIREMENTS 

This Rule contains the information required for 
a permit application for each transfer facility. A 
minimum of three sets of the foOowing informa- 
tion shall be required in each application: 

(1) Site and operation plans; 

(2) Aft approval A letter from the unit of local 
government having zoning authority over 
the area where the facility is to be located, 
aft4 stating that the proposed facility meets 
all of the requirements of the local zoning 
ordinance, or that the site is not zoned; and 

(3) Any other information pertinent to the 
proposed facihty. 

Statutory Authority G.S. I30A-294. 

SECTION .0500 - DISPOSAL SITES 

.0503 SITING AND DESIGN REQLIREMENTS 
FOR DISPOSAL SITES 

Disposal sites shall comply with the following 
requirements in order for a permit to be issued: 
(1) A site shall meet the following siting re- 
quirements: 
(b) A site shall be located in consideration of 
the following: 
(iii) A site shall not damage or destroy an 
archaeological or historical site; 



Note: Rule .0503(l)(b)(iii) is readopted pursuant 
to G.S. 130A-294, as amended effective October 
1, 1989. 

(2) A site shall meet the following design re- 
quirements: 

(d) A site shall meet the following ground 
water requirements: 

(i) A site lihall net- oontravono groundwater 
Dtandardu a« ootabliohod und e r +4 NCAC 
^rr 44 NCAC 3^-7 is adoptod by rofcronco 
ift aoGordanoo with Subooction ^V^ ef 
N.C.G.S. 150B 11. Copi e s ef 44 NCAC 
3fe may be obtain e d from aft4 inopoctod 
at- the Solid Wanto Branch, Division ef 
Health Sor . 'icoo, PtOt B^ SOWt Raluigh, 
N.C. 27602. New sanitary landfills and 
lateral expansions of existing landfills 
must be designed with liners, leachate 
collection systems, and final cover systems 
as necessary' to comply with ground water 
standards as established under 15 NCAC 
2L. 15 NC'AC 21, is adopted by reference 
in accordance with G.S. 15nB-14(c); 

Statutory Authority G.S. I30A-294. 

.0504 APPLICATION REQLIREMENTS FOR 
SANITARY LANDFILLS 

This Rule contains the information required for 
a permit application for each sanitary landfdl. It 
is recommended that the site apphcation be sub- 
mitted and acted upon prior to submitting the 
application for the construction plan. A mini- 
mum of four sets of plans will be required in each 
apphcation. 

Note that a permit for a sanitary landfill is based 
upon a particular stream of identified waste, as 
set forth in .0504 (g)(i) and (ii) of this Rule. Any 
substantial change in the population or area to 
be served, or in the type, quantity or source of 
waste will require a new permit and operation 
plan, including waste determination procedures 
where appropriate. 

(1) Ihe following information is required for 
reviewing a site plan application for a pro- 
posed sanitary landfill: 

(e) Local government approvals: 

(u) A letter from the unit of government 
having zoning jurisdiction over the site 
which states that the proposal meets all 
of the requirements of the local zoning 
ordinance, or that the site is not zoned. 

(2) The following information is required for 
reviewing a construction plan apphcation for 
a proposed sanitary landfill: 

(c) A construction plan that provides: 

(i} engineering design for liners, leachate 
collection systems; 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



ISO 



PROPOSED RULES 



(ii) ^ proposed final contours showing re- 
moval of surface water runoff; and 

(iii) (»^ locations of slope drains or other 
drop structures. 

Statutory Authority G.S. I30A-294. 

.0506 APPLICATION REQl IREMENTS FOR 
DEMOLITION LANDFILLS 

This Rule contains the information required for 
a permit application for each demolition landfill. 
It is recommended that the site application be 
submitted and acted upon prior to submitting the 
application for the operational plan. A mini- 
mum of four sets of plans wUl be required in each 
application. 
(1) The following is required for reviewing a 
site plan application for a proposed demoh- 
tion landfill: 
(b) Aft approval A letter from the unit of local 
government having zoning authority over 
the area where the site is to be located 
stating that the site meets all of the re- 
quirements of the local zoning ordinance, 
or that the site is not zoned; 

Statutory Authority G.S. 1 30 A- 294. 

.0508 APPLICATION REQLIREMENTS FOR 
INCINER.\TORS 

TTiis Rule contains the information required for 
a permit application for each incinerator. A mi- 
nimum of two sets of plans will be required for 
each application. 
(3) Aft approval A letter from the unit of local 
government having zoning authority o\er 
the area where the facility is -to be located 
aft4 stating that the site meets all of the re- 
quirements of the local zoning ordinance. 
or that the site is not zoned; and 

Statutory Authority G.S. I30A-294. 

SECTION .1 100 - SCRAP TIRE MANAGEMENT 

.1101 DEFINITIONS 

The definitions in G.S. 130A-.W9.53 and the 
following defmitions shall apply throughout this 
Section: 

(1) "Disposal site" means any place at which 
scrap tires arc disposed of by sanitary^ land- 
fill, incineration, or other method as may be 
approved by the Division. 

(2j "Processing" means chopping, chipping, 
shredding, slicing, cutting, stamping, dyeing, 
p\rolizing or other physico-chemical proc- 
essing, of scrap tires either for disposal or 
production of useable materials. 



(3) "Scrap tire monofill" means a sanitary 
landfill, or portion thereof permitted exclu- 
sively for scrap tire disposal. 

Statutory Authority G.S. J30A-309.57. 

.1102 APPLICATION FEE AND ANNUAL 
PERMIT FEE 

(a) A permit application for a scrap tire col- 
lection site or scrap tire disposal site shall be ac- 
companied by a non-refundable twenty-five 
doUars ($25.00) application fee. The application 
fee shall be credited toward the permit fee which 
shall be paid before a permit is issued. 

(b) An annual permit fee shall be paid to the 
Division on July 1, as follows: 

(1) A scrap tire collection site: two hundred 
and fifty doUars ($250.00); and 

(2) A scrap tire disposal site: two hundred and 
fifty dollars ($250.00). 

Statutory Authority G.S. I30A-309.57. 

.1 103 GENER.\TOR OF SCRAP TIRES 

No person shall discard, deposit or dispose of a 
scrap tire except at a site or facility permitted to 
receive scrap tires under these Rules, or at a le- 
gitimate business exempt from a permit under 
G.S. 130A-309.57(d). 

Statutory Authority G.S. I30A-309.57. 

.1104 (VENKRAL CONDITIONS 

(a) landfiUing of whole scrap tires is prohib- 
ited. 

(b) Co-disposal of scrap tires is prohibited as 
of July 1, 1991. 

(c) Demonstrated methods of scrap tire dis- 
posal, in addition to the disposal methods in G.S. 
130A-309.58, may be approved by the Division. 

(d) The owner or operator of any scrap tire 
disposal or collection site, defined as a site on 
which more than 50 scrap tires are located, shall 
notify the Division by submitting a form giving 
complete information regarding the location, size, 
period of operation, ownership and operation of 
the site, and the number of scrap tires accumu- 
lated at the site. 

(e) Scrap tire certification forms, in accordance 
with G.S. 130A-309.58(f) shall be obtained from 
units of local government. 

Statutmy .Authority G.S. I30.i-309.58. 

.1105 PERMIT RKQIIRKD 

(a) No person, other than a person exempted 
by G.S. 130A-309. 57(d), shall establish, operate 
or maintain, or allow to be established, operated 



/<S7 



5:2 



NORTH C.iROLIS.A REGISTER .April 16,1990 



PROPOSED RULES 



or maintained upon his land, a scrap tire col- 
lection site or scrap tire disposal site unless a 
permit for the site has been obtained from the 
Division. 

(b) Application for permits required by this 
Rule shall be forwarded to the Solid Waste Sec- 
tion, Solid Waste Management Division, P.O. 
Box 27687, Raleigh, North Carolina 2761 1. 

(c) A permit is issued to the permit applicant 
for a particular site and is non-transferrable. 

(d) Sites at which scrap tires are used for agri- 
culture-related purposes are not subject to the 
scrap tire collection site permit requirement, 
provided the number of tires stored on-site does 
not exceed the number of tires which reasonably 
may be used for on-site agriculture-related pur- 
poses during a one-year period. Scrap tires shall 
be stored so as not to create a public health nui- 
sance or fire hazard and in compliance with sto- 
rage requirements of Rule .1107(1) and (2)(a) 
through (c) of this Section. In an enforcement 
action, the burden of proof shall be upon the 
person claiming the agriculture-related use. 

(e) Collection sites exempt from permitting 
under G.S. 130A-309. 57(d) are not subject to the 
storage requirements of Rule .1107 of this Sec- 
tion with the exception of Rule .1107(1) and 
(2)(c). 

(f) A permitted sanitary landfill, other than a 
demolition landfill, operated by a unit of local 
government is deemed permitted as a scrap tire 
collection and disposal site until July 1, 1991. 
Records shall be maintained in accordance with 
Rule .1108(c) of this Section. 

Statutory Authority G.S. I30A-309.57. 

.1 106 SCRAP TIRE COIXECTION SITE 
PERMIT REQITREMENTS 

(a) A scrap tire collection site permit shall be 
issued for a period of not longer than three ye"ars. 
Permit renewal applications shall be submitted 
to the Department not less than 60 days prior to 
the expiration date of the permit. 

(b) A permit shall limit the number of tires 
stored at a scrap tire collection site to the stated 
number of tires shipped ofT-sitc and/or disposed 
of on-site per month, unless otherwise specified 
by the Division. At no time shall more than 
60,000 scrap tires be stored at a scrap tire col- 
lection site. Storage limits for collection sites 
permitted in associated with processing facilities 
shall be determined as in Rule . 1 1 10(a). 

(c) Scrap tire collection sites shall meet the 
following siting and design requirements in order 
for a permit to he issued: 

(1) A site shall not be located within cither 
the 100-year floodplain or 200 feet of any 



surface water. A site shall not be located 
within any wetland as defined in the Clean 
Water Act, section 404(b)(1). 

(2) A site shall maintain a minimum of a 
100-foot buffer between all property lines 
and scrap tire storage areas. 

(3) The site and proposed plan shall comply 
with all requirements of the local zoning 
ordinance. 

(4) 'I'he site shall be served by an access road 
which shall be kept passable for any mo- 
tor vehicle, including fire trucks, at all 
times. 

(5) Drainage shaU be effective to prevent 
standing water on-site and shaU not cause 
off-site drainage problems. 

(6) A site shall meet the requirements of the 
Sedimentation Pollution Control I^w (15 
NCAC 4). 

(7) A site shall meet the screening require- 
ments of N.C.G.S. 136-144, if applicable. 

(8) Access to the site shall be controlled 
through the use of fences, gates, natural 
barriers or other means. 

(9) The site shaU be bermed or given other 
protection, if necessary to keep liquid ru- 
noff from a potential tire fire from enter- 
ing any surface water. 

(10) Pire protection services for the site shall 
be provided by the local fire protection 
authority, 
(d) In addition to the form prescribed and 
provided by the Division, three copies of the fol- 
lowing information shall be submitted in an ap- 
plication for a scrap tire collection site permit: 

(1) Name and location of proposed facility, 
including street address or state road 
number, city, county, and zip code. 

(2) Name, address, telephone number and 
signature of site operator. 

(3) Name, address, telephone number and 
signature of property owner. 

(4) A map or aerial photograph accurately 
showing the area within one-fourth mile 
of the site, and identifying the following: 

(A) Entire property owned or leased for use 
as a scrap tire collection site by the appli- 
cant; 

(B) Location of all homes, buildings, public 
or private utilities, roads, wells, water 
courses, floodplains and other applicable 
details regarding the topography. 

(5) A description of the general operation of 
the facility. 

(6) Sources and quantity of tires expected, 
expressed in tons (assume 100 tires per 
ton or ten tires per cubic yard) to be re- 
cei\ed per month; quantity of tires to be 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



1S2 



PROPOSED RULES 



stored on-site and quantity of tires to be 
shipped off-site per month. 

(7) Plans for disposition of all tires collected 
at the site, including the names, addresses 
and permit information, if applicable, of 
aO facilities where the tires will be recy- 
cled, processed or disposed. 

(8) Projected date of commencing operation. 

(9) A description of how any waste resulting 
from the operation of the tire site will be 
disposed. 

(10) A description of how the scrap tire col- 
lection site will meet the siting and design 
requirements of Rule .1 106(c). 

(11) A letter stating that this use complies 
with local zoning from the unit of local 
government having zoning authority over 
the site. If no zoning is applicable, the 
unit of local government shall provide 
documentation to that effect. 

(12) A letter from the local fire protection 
authority accepting the responsibility for 
fire protection services for the site. 

(13) A description of how the scrap tire col- 
lection site wiU meet the operational re- 
quirements of Rule . 1 107 of this Section. 

(14) Documentation of how operator intends 
to meet the hnancial responsibility re- 
quirements of Rule .1111 of this Section. 

Statuioty Authority G.S. I30A-309.57. 

.1 107 SCRAP TIRE COLLECTION SITE 
OPERATION.\L REQl IREMENTS 

Scrap tire collection sites shall meet the foUow- 
ing operational requirements: 

(1) Scrap tires stored indoors shall be stored 
under conditions that meet those in "The 
Standard for Storage of Rubber Tire", 
NP'PA 2310-1986 edition, published by the 
National Pire Protection Association, Bat- 
ter,' March Park, Quincy, Massachusetts, 
which has been adopted in accordance with 
G.S. 1 SOB- 14(c). Copies of this document 
are available for inspection at the Depart- 
ment. 

(2) All scrap tire collection, processing or dis- 
posal sites which store scrap tires or proc- 
essed tires outdoors must comply with the 
foUowmg technical and operational stand- 
ards: 

(a) WTiole scrap tires shall be placed in an 
outdoor scrap tire pile(s) having dimen- 
sions no greater than 200 feet in length, 
50 feet in width and 15 feet in height. 

(b) A 50-foot wide fire lane shall be placed 
around the perimeter of each scrap tire 
pile. Access to the lire lane for emergency 



vehicles shall be unobstructed and passa- 
ble at all times. 

(c) The owner or operator of any scrap tire 
collection site shall control mosquitoes 
and rodents so as to protect the public 
health and welfare. Whole and sliced 
scrap tires shall be covered upon receipt 
with a water shedding material or disposed 
of, processed or removed from the site 
within ten days of receipt. Sliced scrap 
tires stacked concave-side down are not 
required to be covered. 

(d) If the scrap tire collection site receives tires 
from persons other than the operator of 
the site, a sign shall be posted at the en- 
trance of the site and the sign shall state 
the operating hours. An attendant shall 
be present when the site is open for receipt 
of tires. 

(e) No operations involving the use of open 
flames, blow torches or highly flammable 
substances shaU be conducted within 50 
feet of a scrap tire pUe. 

(0 A fire safety survey shall be conducted an- 
nually by local fire protection authorities. 

(g) Communication equipment shall be 
maintained at the scrap tire collection site 
to assure that the site operator can contact 
local fire protection authonties In case of 
a lire. 

(h) The scrap tire storage area(s) within the 
scrap tire collection site shall be kept free 
of grass, underbrush, and other potentially 
flammable vegetation at all times. 

(i) The operator of the scrap tire collection 
site shall prepare and keep an emergency 
preparedness manual at the site. The 
manual shall be updated at least once a 
year, upon changes In operations at the 
site, or as required by the Department. 
The manual shaU contain the following 
elements: 
(i) A list of names and numbers of persons 
to be contacted in the event of a fire, flood 
or other emergency: 
(li) A hst of the emergency response equip- 
ment at the scrap tire collection site, its 
location, and how it should be used in the 
event of a fire or other emergency: 
(Hi) A description of the procedures that 
should be followed In the e\ent of a fire, 
including procedures to contain and dis- 
pose of the oily material generated by the 
combustion of large numbers of tires; and 
(iv) A listing of all hazardous materials 
stored on-site, their locations and infor- 
mation regarding precautions which 
should be taken \\ ith these matenals. 



ISi 



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NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



{]) The operator of the scrap tire collection 
site shall immediately notify the Division 
in the event of a fire or other emergency 
if that emergency has potential off-site ef- 
fects. Within two weeks of any emer- 
gency involving potenti;il off- site impact, 
the operator of the site shall submit to the 
Division a written report describing the 
causc(s) of the emergency, actions taken 
to deal with the emergency, results of the 
actions taken, and an analysis of the suc- 
cess or failure of these actions. 

(k) The operator of the scrap tire collection 
site shall maintain at his in-state place of 
principal business a copy of the permit 
with required attachments, records of the 
quantity of scrap tires and processed tires 
received at the site, stored at the site and 
shipped from the site, including destina- 
tion (name and address of facility) and all 
certification forms applicable to any tires 
received, stored or shipped from the site. 

(1) The number of scrap tires stored at a scrap 
tire collection site shaU not exceed the 
stated number of scrap tires shipped off- 
site per month plus the stated number of 
scrap tires disposed of on-site per month, 
unless otherwise specified by the Division. 
At no time shall more than 60,000 scrap 
tires be stored at a scrap tire collection 
site. Storage limits for collection sites 
permitted in association with processing 
facilities shall be determined as in Rule 
.1110(a) of this Section. 

(3) Processed tires shall be stored in accordance 
with the requirements of indoor or outdoor 
storage in this Rule, and in accordance with 
the following: 

(a) The temperature of any abo\e-ground 
piles of compacted, processed tires over 
1,000 cubic yards in size shall be moni- 
tored and may not exceed 300 degrees 
I ahrenheit. Temperature control meas- 
ures shall be instituted so that pile tem- 
peratures do not exceed 300 degrees 
1 ahrenheit. Temperature monitoring and 
controls are not required for processed 
tires disposed of in permitted landfills. 

(b) Any residuals from a scrap lire collection 
site shall be managed so as to be con- 
tained on-site, and shall be controlled and 
disposed of in a permitted solid waste 
management facility or properly recycled. 

(4) The Division may approve exceptions to 
the preceding technical and operational 
standards for a person collectina scrap tires 
if: 



(a) No scrap tires or processed tires are stored 
on that site for longer than one month; 
and 

(b) The Division and the local fire authority 
are satisfied that the site owner or opera- 
tor has sufficient fire suppression equip- 
ment or materials on-site to extinguish 
any potential tire fire within an acceptable 
length of time. 

Statutoiy Authority G.S. J30A-309.57. 

.1 108 SCRAP riKK nispos.M. sn K 

I'F.KMir .WD ()l'KR.AriON.\L 
KF.Ql IRKMKMS 

(a) Scrap tire monofill shaU be permitted and 
operated in accordance with the provisions of 
Rules .0503, .0504, and .0505 of this Subchapter. 
Permits shall be recorded in accordance with 
Rule .0204 of this Subchapter. A proposal to 
establish a scrap tire monofiU at a permitted 
sanitar>' landfill may be submitted as an applica- 
tion for modification of the construction pkm. 
A scrap tire monofill may not be located in any 
required buffer zone. 

(b) Scrap tires may not be burned in a pemiit- 
ted solid waste incinerator without a permit mo- 
dification from the Division. 

(c) The operator of a permitted scrap tire dis- 
posal site shall maintain at his in-state place of 
principal business, a copy of the permit with re- 
quired attachments. Records of the quantity of 
scrap tires and processed tires received and dis- 
posed of at the site, and all certification forms 
applicable to any tires received and disposed at 
the site shall be maintained for a period of tliree 
years. 

Statutory Authority G.S. I30A-309.57. 

A 109 CI OSIRK Ol- NON-CONKORMING 
SITES 

(a) Any scrap tire collection or disposal site 
which does not meet the requirements of this 
Section shall be closed. 

(b) In closing an>' scrap tire site the owner or 
operator shall: 

( 1) Prevent public access to the site; 

(2) Post a notice indicating the site is closed 
and the nearest permitted site where scrap 
tires can be deposited; 

(3) Notify the Di\ision of the closing and 
obtain Departmental approval of the plan 
to remove tires prior to tire removal; 

(4) RemoN'c all scrap tires, processed tires and 
residuals to a waste tire processing ficility, 
solid waste management facility pennitted 
to accept scrap tires or processed tires, a 



5:2 



SORTH CAROLINA REGISTER April 16,1990 



1S4 



PROPOSED RULES 



legitimate user of processed tires, or other 
facility approved by the Division; 

(5) Remove any solid waste to a permitted 
solid waste management facility; 

(6) Provide documentation that tires were re- 
ceived by approN'ed facility; and 

(7) Notify the Department when closure is 
complete. 

Slaluuny AuthorUy G.S. / 30.4-309.57. 

.1 1 10 SCRAP TIRE I'ROCKSSING FACMJ TIES 

(a) Scrap tire collection sites to be permitted in 
association with scrap tire processing facilities 
shall be permitted and operated in accordance 
with the provisions of Rules .1106 and .1107 of 
this Section, except that the storage limit shaU 
be determined by multiplying the daily through- 
put of the processing equipment used by 30. A 
scrap tire processing facility shall not accept any 
scrap tires for processing above the number 
w'hich can be processed daily if it has reached its 
storage limit. At least 75 percent of both the 
scrap tires and processed tires that are delivered 
to or maintained on the site of the scrap tire 
processing facility site shall be processed and re- 
moved for recycling or disposal at a permitted 
soUd waste management facility within one year 
of their receipt. Processed tires stored for recy- 
chng or disposal are subject to the storage re- 
quirements specified in Rule .1 107 of this Section 
unless otherwise authorized by the Division. 

(b) Wastes resulting from the operation of the 
scrap tire processing facility shall be evaluated in 
accordance with 10 NCAC lOG .OlO.^e) prior to 
disposal. 

(c) The owner or operator of a scrap tire pro- 
cessing faciUty shall record and maintain for three 
years the following information, and these re- 
cords shall be available for mspection by Division 
personnel during normal business hours: 

(1) 1-or all scrap tires and processed tires 
shipped from the facility: the name of the 
hauler, the hauler or merchant identifica- 
tion number of the tire hauler who ac- 
cepted the scrap or processed tires for 
transport, the quantity of scrap or proc- 
essed tires shipped with that hauler, des- 
ignation of scrap or processed tires (name 
and address of fiicility), and documenta- 
tion of receipt of tires by the rccci\ ing fa- 
cility; 

(2) For all scrap tires and processed tires re- 
ceived at the facilit> : the name of the 
hauler, the hauler or merchant identifica- 
tion number of the scrap tire hauler who 
delivered the scrap or processed tires to 
the facilit\ , the quantity of scrap or proc- 



essed tires received from that hauler and 
where the tires originated (name and ad- 
dress of facility); 
(3) For tires received, stored, shipped or pro- 
cessed, completed certification forms as 
required by G.S. 130A-309. 58(f) except 
for quantities cf five tires or less brought 
for processing by someone other than a 
tire collector, tire processor or tire hauler, 
(d) Owners and operators of scrap tire proc- 
essing facilities shall submit to the Division an 
annual report, by March 1 of each year, that 
summarizes the information collected under Par- 
agraph (c) of this Rule for the pre\ ious calendar 
year. 1 he report shall be submitted on a form 
prescribed and provided by the [3)i\ision. The 
following information shall be included, at a mi- 
nimum: 

(1) Fhe facility name, address, and permit 
number, if any; 

(2) The year covered b>' the report; 

(3) The total quantity and type of scrap tires 
or processed tires received at the facility 
during the year co\ered by the report; 

(4) 'Fhe total quantity and t\ pe of scrap tires 
or processed tires shipped from the facility 
during the year covered by the report; 

(5) 'Fhe quantity of scrap tires or processed 
tires shipped to each receiving facility 
identified by name and address; 

(6) Fhe total quantity and type of scrap tires 
or processed tires located at the facility on 
the tirst da_\' of the calendar year. 

Slatulory .■iuthoriiy G.S. 130.4-309.57. 

.1111 FlNANCIAl RKSl'ONSlHlllTV 
REQLIREMEMS 

(a) Owners and operators of scrap tire disposal 
sites shall provide proof of financial responsibility 
in accordance with the financial responsibility 
rules for landfills adopted pursuant to G.S. 
130A-2Q4(bj and 130A-3(W.27. 

(b) Owners and operators of scrap tire col- 
lection sites permitted under these Rules shall 
provide proof of financial responsibility to ensure 
closure of the site in accordance with these Rules 
and to co\'er property damage or bodily injun,' to 
third parties which may result from fire or other 
public health hazard occurring at the site. Fi- 
nancial responsibility may be demonstrated 
through surety bonds, insurance, letters of credit, 
a funded trust, or other documents which show 
that the owner or operator has sufficient re- 
sources to meet the requirements of this Rule, 
including the guarantee of a corporate parent 
w ith sulTicient resources to meet the requirements 
of this Rule. Documentation of fmanci;il re- 



185 



^.•2 



NORTH C.AROL[i\A REGISTER .April 16.1990 



PROPOSED RULES 



sponsibility shall be kept current, and updated 
as required by changes in these Rules, changes in 
operation of the site, and inflation. 

(c) Owners and operators of scrap tire col- 
lection sites shall demonstrate the following mi- 
nimum amounts of fmancial responsibility: 

(1) For site closure: one dollar and fifty cents 
($1.50) per tire for the maximum number 
of tires permitted to be stored on the site at 
any one time. 

(2) For property damage and bodily injuPv' to 
third parties and public property: two thou- 
sand five hundred dollars ($2,500) worth of 
co\erage per occurrence for each 1,000 tires 
permitted to be stored on-site, with an an- 
nual aggreuate of five thousand dollars 
($5.00()rworth of coverage for each 1,000 
tires permitted to be stored on-site. 

.Maintenance of financial responsibility in the re- 
quired amounts in Paragraphs (c|( 1 ) and (2) does 
not in any way limit the responsibility of owners 
and operators for the full costs of site closure and 
clean-up, the expenses of any on-site or ofl'-site 
environmental restoration necessitated by activ- 
ities at the site, and liability for all damages to 
third parties or private or public properties 
caused by the establishment and operation of the 
site. 



Statutnty Authority 
! 30,1-300.27. 



G.S. 



I30A-294(b); 



.1112 S( KAI' riKK H Al I.KK 
RKQLIRKMtMS 

The requirements of G.S. 130A-309.59 and the 
requirements of this Section apply to persons 
engaged in transporting scrap and or processed 
tires for the purpose of storage, processing or 
disposal of scrap tires and processed tires. 

( 1 ) All persons hauling tires shall carr\' a cop\ 
of the document assigning the scrap tire re- 
gistration number or merchant identification 
number at all times while engaged in hauling 
scrap tires. 

(2) To obtain or renew a scrap tire hauling re- 
gistration number and appro\ al to transport 
scrap tires, a tire hauler shall submit an ap- 
plication on a form prescribed and pro\ided 
by the Di\ision. .A tire hauler must renew 
its identification number annually. For a 
scrap tire hauler, the application shall be 
submitted at least .10 da\s before the hauler 
intends to begin transporting scrap tires. 
Renewal applications shall be submitted at 
least 3(1 da\s before the expiration date oi 
the existing hauling identification number. 
1 he application shall contain at least the 
toUowLniz information: 



(a) A description, license number. Division 
of Motor Vehicles registration number 
and name of the registered vehicle owner 
for each vehicle used for transporting 
scrap tires, and if the vehicle is owned by 
a business entity, the names and addresses 
of the officers or owners of that entity; 

(b) The geographical area that will be served; 

(c) Where the scrap tires will be collected and 
uhere they will be deli\'ered or deposited. 

(3) A corporation, partnership or local gov- 
ernment may submit one application for re- 
gistration for its entire fleet of vehicles. 

Statutory Authority G.S. I30A-309.59. 

SKCTION .1200 - MEDICAI, W.VS IE 
MANAGEMENT 

.120! DEKIMTIONS 

I'or the purpose of the Section, the following 
definitions apply: 

(1) "Blood and body fluids" means lic^uid 
blood, serum, plasma, other blood products, 
emulsified human tissue, spinal fluids, and 
pleural and peritoneal fluids. 

(2) "Generating facility" means any facility 
where medical waste first becomes a waste, 
including but not limited to any medical or 
dental facility, funeral home, laboratory', 
veterinar)' hospital and blood bank. 

(3) "Medical waste" as defined in Cj.S. 
130A-290.18. 

(4) "Microbiological waste" means cultures 
and stocks of infectious agents, including but 
not limited to specimens from medical, pa- 
thological, pharmaceutical, research, com- 
mercial, and industrial laboratories. 

(5j "Off-site" (RCRA) means any site which 
is not "on-site". 

(6) "On-site" means the same or geograph- 
ically contiguous property wliich may be di- 
\ided by public or pri\ate right-of-way. 
provided the entrance and exit between the 
properties is at a crossroads intersection, and 
access is b\ crossmg as opposed to going 
along, the right-of-way. Non-contiguous 
properties owned b_\ the same person but 
connected by a right-of-way which he con- 
trols and to which the public does not have 
access, is alst) considered on-site property. 

(7) "Pathological waste" means human tis- 
sues, organs and bod)' parts; and the car- 
casses and body parts of all animals that 
were known to ha\e been exposed to pa- 
thogens that are potentially dangerous to 
hunians during research, were used in the 
production of biologieals or in \i\o testing 



\ORTH CAROLINA REGISTER April 16,1991) 



IS6 



PROPOSED RULES 



of pharmaceuticals, or that died with a 
known or suspected disease transmissible to 
humans. 

(H) "Regulated Medical Waste" means blood 
and body fluids in individual containers in 
volumes greater than 20 ml, microbiological 
waste, and pathological waste that have not 
been treated pursuant to Rule .1207 of this 
Section. 

(9) "Sharps" means and includes needles, syr- 
inges with attached needles, capillary tubes, 
slides and cover slips, and scalpel blades. 
(10) "'lYeatmcnt" as defined in G.S. 

LV)A-.^09. 26(a)(2). 

Statutory' Authority G.S. I30A-309.26. 

.1202 CKNKRAI. RKQIIRKMKMS f OK 
MKDK Al WASIK 

(a) .Medical waste is subject to all applicable 
rules in 10 NCAC lOG. 

(b) At the generating facility, sharps shall be 
placed in a container which is rigid, leak-proof 
when in an upright position and puncture-resis- 
tant. Remo\al of sharps from containers after 
the container lea\es the generating facility is 
prohibited. Contained sharps shaU not be com- 
pacted prior to off-site transportation. 

(c) Blood and body fluids in individual con- 
tainers of 20 ml or less shall be packaged in a 
minimum of one 200 lb. burst strength polye- 
thylene or equivalent bag and placed in a rigid 
fiberboard box or drum in a manner that pre- 
vents leakage of the contents, or alternatively, 
may be packaged in a container suitable for 
sharps. The integrity of the packaging shall be 
maintained pnor to olT-site transportation. 

(d) Regulated medical waste shall not be com- 
pacted. 

(e) All medical waste transported from the 
generating facility for off-site treatment is subject 
to the packaging, labeling, transpoilation and 
treatment requirements of Rule .1204, .1205, 
.1206 and .1207 of this Section with the excep- 
tion of sharps which are not subject to the pack- 
aging requirement ot Rule .1204(1) of this 
Section. 

(t~) Oematoriums are not subject to the re- 
quirements of Rule .1207(3) of this Section. 

(g) A person who treats Regulated medical 
waste at the generating facility is not subject to 
the storage and record keeping requirements in 
Rule .1207(1) of this Section. 

(h) Generating facilities in operation on Sep- 
tember 1, 1990 that incinerate Regulated medical 
waste are not subject to the requirements of Rule 
.1207(3)(a-l) until Januar> 1, 19')5. 



Statutory Authority G.S. 1 30 A- 309. 26. 

.120.3 GKMRAL RKQl IKKMKMS FOR 
RK(,l LATKD MKDICAL WAS IE 

(a) Regulated medical waste shall be treated 
prior to disposal. Acceptable methods of treat- 
ment are as follows: 

(1) blood and body fluids in individual con- 
tainers in volumes greater than 20 ml - 
Incineration or sanitary sewage systems, 
provided the sewage treatment authority 
is notified; 

(2) microbiological waste - Incineration, 
steam sterilization, or chemical treatment; 

(3) pathological wastes - Incineration. 

(b) Other methods of treatment shall require 
approval by the Division. 

(c) Regulated medictil waste treated in accord- 
ance with Paragraph (a) of this Rule may be 
managed as a non- Regulated medical waste. 

Statutory Authority G.S. I30A-309.26. 

.1204 RKQl IRKMEMS FOR CKNERATORS 
OF RFXJLLATF.n MFDICAF WAS IE 

(a) A person who ships Regulated medical 
waste from the generating facility for off-site 
treatment shall meet the following requirements: 

( 1 ) Regulated medical waste shall be packaged 
in a minimum of one 200 lb. burst 
strength poKethylene or ecjuivalent bag, 
and placed in a rigid fiberboard box or 
drum in a manner that presents leakage 
of the contents. 

(2) Regulated medical waste shall be stored in 
a manner that maintains the integiity of 
the packaging at all times. 

(3) I'ach package of Regulated medical waste 
shall be labeled with a water-resi.stant 
universal bioha/.ard symbol. 

(4) Fach package of Regulated medic;d waste 
shall be marked on the outer surt'acc with 
the following infonnation: 

(A) the generator's name, address, and 
telephone number; 

{\\) the transpoiler's name, address, and 
telephone number; 

((.') storage facility name, address, and tele- 
phone number, when applicable; 

(D) treatment facility name, address and 
telephone number: 

(W) date of shipment; and 

(F) "INFFCnOUS WASTF" or "Ml D- 
ICAL WASTE". 

(b) Records of Regulated medical waste shall 
be maintained for each shipment and shall in- 
clude the information listed in this Paragraph. 
This information shall be maintained at the izen- 



/,v; 



.•»;2 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



crating facility for no less than three years. This 
requirement shall not apply to persons who gen- 
erate less than 50 pounds of Regulated medical^ 
waste per month. 

(1) amount of waste by number of packages 
(piece count); 

(2) date shipped off-site; 

(3) name of transporter; 

(4) name of storage and/or treatment facility, 
(c) A plan to ensure proper management of 

Regulated medical waste shall be prepared and 
maintained at the generating facility. 

Slatutoty Authority G.S. I30A-309.26. 

.1205 RFQIIKKMKMS [OR TR.WSPOK IKRS 
OK RK(;i L AIKI) MKDir.AL WAS IK 

A person who transports Regulated medical 
waste that has not been treated at the generating 
facility shall meet the following requirements: 

(1) Transporters shall not accept waste which 
is improperly packaged. 

(2) Regulated medical waste shall be trans- 
ported in a manner that prevents leakage of 
the contents of the package. 

(3) The integrity of the package shall be 
maintained at all times. 

(4) The labeling and marking of the package 
shall be maintained at all times. 

(5) All loads containing Regulated medical 
waste shall be covered during transportation. 

(6) The universal biohazard symbol shall be 
displayed on all transportation vehicles, in 
accordance with Department of Transporta- 
tion Standards and 44 Ci'R 172 Subpart Y. 

(7) Regulated medical waste shall be delivered 
to a permitted storage or treatment facility 
within seven calendar days of the date of 
shipment from the generator. 

(8) Refrigeration at an ambient temperature 
between 35 and 45 degrees lahrenheit shall 
be maintained for Regulated medical waste 
that will not be delivered for treatment 
within seven calendar days. 

(Q) A contingency plan shall be prepared and 
maintamed in each \ehicle used in the 
transporting of Regulated medical waste. 
The operator of each \ chicle shall be know- 
ledgeable of the plan. 

(10) Vehicles used for the transportation of 
Regulated medical waste shall be tlu)rouglily 
cleaned and disinfected with a mycobacter- 
iocidal disinfectant before being used for any 
other purj^ose and in the event of leakage 
from packages. 

(11) While transporting Regulated medical 
waste, vehicles are proliibited from trans- 
porting any material other than solid waste 



and supplies related to the handling of med- 
ical waste. 

Statutory Authority G.S. I30A-309.26. 

.1206 RKQl IRFMENTS FOR STORAGE OF 
REGLI ATED MEDICAL WASTE 

A person who stores Regulated medical waste 
that has not been treated at the generating facility 
shall meet the following requirements: 

( 1 ) Regulated medical waste shall be stored in 
a manner that prevents leakage of the con- 
tents of the package. 

(2) Regulated medical waste shall be stored in 
a manner that maintains the integrity of the 
packaging at all times. 

(3) The labeling and marking of the package 
required in Rule .1204 of this Section shall 
be maint;uned at all times. 

(4) Regulated medical waste shall not be stored 
longer than seven calendar days from the 
date of shipment from the generator unless 
the Regulated .Medical Waste is refrigerated 
at an ambient temperature between 35 and 
45 degrees Fahrenheit. 

(5) Only authorized personnel shall have access 
to areas used to store Regulated medical 
waste. 

(6) All areas used to store Regulated medical 
waste shall be kept clean. Vermin and in- 
sects shall be controlled. 

(7) All floor drains shall discharge directly to 
an approved sanitary sewage system. Ven- 
tilation shall be pro\ided and shall discharge 
so as not to create nuisance odors. 

((S) A plan shall be prepared, maintained and 
updated as necessary to ensure continued 
proper management of Regulated medical 
waste at the facility. 

Statutory Authority G.S. I30A-309.26. 

.1207 OPKRATIONAI. RFQMTS/RE(7l LATED 
MKDK Al, \\ ASFF rREAFMKN F 
FACII rriES 

A person who treats Regulated medical waste 
shall meet the following requirements for each 
type of treatment in addition to the requirements 
in Rule .1203 of this Section. 

(1) General requirements: 

(a) Refrigeration at an ambient temperature 
between 35 and 45 degrees I'ahrenheit 
shall be maintained for Regulated medical 
waste not treated within se\en calendar 
days alter shipment. 

(b) Regulated medical waste shall be stored 
prior to treatment for no more than seven 
calendar days after receipt. 



NORTH CAROLLXA REGISTER April 16,1990 



hSS 



PROPOSED RULES 



(e) 



(fl 



(3) 
(aj 



(b) 



(c) Regulated medical waste shall be stored (c) 
no longer than seven calendar days after 
treatment. 

(d) Only authonzed personnel shall have ac- (dj 
cess to areas used to store Regulated 
medical waste. 

(e) .\11 areas used to store Regulated medical 
waste shall be kept clean. Neither carpets 
nor floor coverings with seams shall be 
used in storage areas. \'ennin and insects 
shall be controlled. 

(f) Prior to treatment, all Regulated medical 
waste shall be confmcd to the storage area. 

(gl All floor drains shall discharge directly to 
an approved sanitary sewage system. 
\'entilation shall be provided and shall 
discharge so as not to create nuisance 
odors, 
(h) A plan shall be prepared, maintained and 
updated as necessar.' to ensure continued 
proper management of Regulated medical 
waste at the facilit\ . 
(i) Records of Regulated medical waste shaU 
be maintained for each shipment and shall 
include the information listed in this Par- 
agraph. This information shall be main- 
tained at the treatment facilit\' for no less 
than three years. 

(i) name and address of generator; 

(ii) date recci\ed; 

(iii) amount of waste recei\"ed by number 
of packages (piece count) from each gen- 
erator; ((-\ 

(iv) date treated; 

(v) name and address of ultimate disposal 
facility, 
(jj Regulated medical waste treatment facili- (d| 

ties that treat waste generated off-site shall 
submit to the Division an annual report, 
by March 1 of each year that summarizes 
the information collected under Subpara- 
graph (i) of this Rule for the previous (e) 
calendar year. The report shall be sub- 
mitted on a form prcscnbed and approved 
by the Division. 
(2) Steam sterilization requirements: (f) 

(a) Steam under pressure shall be provided to 
maintain a minimum temperature of 250 
degrees Fahrenheit for 45 minutes at 15 
pounds per square inch of gauge pressure 
during each cycle; or other combinations 

of parameters that are "^hown to ctTectively (g) 

treat the waste. 

(b) 1 he steam sterilization unit shall be pro- 
\ided with a chart recorder which accu- 
rately records time and temperature of 
each cvcle. 



The steam sterilization unit shall be pro- 
vided with a gauge which indicates the 
pressure of each cycle. 
Monitoring under conditions of full load- 
ing for effectiveness of treatment shall be 
pertbrmed no less than once per week 
through the use of biological indicators 
or other methods approved by the Divi- 
sion. 

Regulated medical waste may be disposed 
of until or unless monitoring as required 
in Subparagraphf2)(d) of this Rule does 
not contlrm effecti\eness. 
A log of each test of effectiveness of treat- 
ment performed shaU be maintained and 
shall include the type of indicator used, 
date. time, and result of test. 
Incineration requirements: 
Regulated medical waste shall be subjected 
to a bum temperature in the primar\' 
chamber of not less than 1200 degrees 
Fahrenheit. 

Automatic auxiliar.' burners which are 
capable, excluding the heat content of the 
wastes, of independently maintaining the 
secondary chamber temperature at the 
minimum of ISOO degrees Fahrenheit 
shall be provided. Interlocks or other 
process control de\ices shall be pro\ided 
to prevent the introduction of waste ma- 
terial to the primary chamber until the 
secondan" chamber achieves operating 
temperature. 

Gases generated bs" the combustion shall 
be subjected to a minimum temperature 
of 1800 degrees Fahrenheit for a period 
of not less than one second. 
Continuous monitoring and recording of 
primap.' and secondary chamber temper- 
atures shall be performed. Monitoring 
data shall be maintained for a period of 
three years. 

.An .A.ir Quality Permit shall be obtained 
from the Di\ision of F'n\'Lronmental 
Management prior to constnjction and 
operation. 

Procedures and methods necessar.' to ob- 
tain ash samples which are represent at i\'e 
of both the variability of the ash over time 
and the horizontal and vertical extent of 
the ash in the storage area shall be de\el- 
oped. 

L'pon initial start-up. after any significant 
change in facility' design or operation, or 
after a change in waste source, com- 
bustion ash samples shall be sampled 
weekly. \\'cckly representative samples 
shall be composited into a monthly sam- 



7,59 



.•>.-2 



NORTH CAROLISA RECISTER April 16,1990 



PROPOSED RULES 



pie and analyzed at the end of each month 
for three consecutive months. 

(h) For the remainder of the first year of op- 
eration, representative monthly samples 
shall be composited into a quarterly sam- 
ple and analyzed at the end of each quar- 
ter. 

(i) After the first year, representative samples 
shall be analyzed at least twice a year. 

(j) Ash samples shall be tested in accordance 
with provisions of 10 NCAC lOG .0103(e) 
and submitted to the N.C. Solid Waste 
Section. 

(k) A log shall be kept documenting ash 
sampling, which shall mclude the date and 
time of each sample collected; the date, 
time, and identification number of each 
composite sample; and the results of the 
analyses, including laborator)' identifica- 
tion. 

(1) Records of stack testing as prescribed in the 
Air Quality Permit shall be maintained at 
the facility. 

(m) Existing generating facilities shall conduct 
ash sampling and testing in accordance 
with Subparagraphs (3)(f) and (j) of this 
Rule annually during the second quarter 
of each calendar year. 
(4) Chemical treatment requirements: 

(a) Cultures of N. gonorrhea, B. coh, staphy- 
lococcus, proteus, Candida albicans, and 
B. cereus in individual plates or tubes 
containing 5-20 ml media shall be cov- 
ered, for a minimum of one hour, with a 
1:5 dilution of household bleach (5.25 
percent sodium hypochlorite) in water. 
Ihe solution shall remain on the treated 
plates which are to be stacked in a plastic 
bag prior to disposal. Ihe bag is to be 
sealed to prevent leakage. 

(b) Approval for treatment must be obtained 
from the Division. 

(c) Request for approval must be substanti- 
ated by results of demonstrated effective- 
ness of the chemical to treat the specific 
microbiological agent(s) of concern for the 
waste disposed. Consideration must be 
given to such factors as temperature, time 
of contact, pH, concentration and the 
presence and state of dispersion, penetra- 
bility and reactivity of organic material at 
the site of application. 

(d) A written plan must be maintained at the 
facility and units of the facility as neces- 
sar\' to ensure consistent procedures are 
used to treat the waste. 

Statutorv Aulhohtv G.S. 1 30 A- 309. 26. 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

CHAPTER 19 - EPIDEMIOLOGY 

SUBCHAPTER 191 - LEAD POISONING 
PREVENTION 

SECTION .0100 - LEAD POISONING 
PREVENTION IN CHILDREN PROGRAM 

.0101 DEFINITIONS 

As used in this article, unless the context re- 
quires otherwise: 

(1) "Abatement" means the elimination or 
control of a lead hazard by methods ap- 
proved by the Department. 

(2) "Day care facility" means a structure used 
as a school, nursery, child care center, clinic, 
treatment center or other facility serving the 
needs of children under six years of age in- 
cluding any outbuilding or other structure 
or surrounding land accessible to children 
under six years of age. 

(3) "Department" means the Department of 
Environment, Health, and Natural Re- 
sources or its authorized agent. 

(4) "Dwelling" means a structure, all or part 
of which is designed for human habitation, 
including any outbuildings or other struc- 
tures or surrounding land accessible to cliil- 
dren under six years of age. 

(5) "Elevated blood lead level" means a blood 
lead of 25 ug/dl or greater, or that level as 
determined in the most recent standards as 
estabhshed by the U.S. Department of 
Health and Human Services, Public Heahh 
Services, Centers for Disease Control. 

(6) "Irequently visited" means presence at a 
dwelling, school or day care facility for eight 
hours or more a week or for 80 hours within 
a period often consecutive days. 

(7) "Lead hazard" means the presence of read- 
ily accessible, lead-bearing substances meas- 
uring 1.0 milligram per square centimeter or 
greater by X-ray fluorescence analyzer or 0.5 
percent or greater by chemical analyses 
(.A'^S); or 500 ppm or greater in soil; or 50 
parts per billion or greater in drinking water. 

(8) "Managing agent" means any person who 
has charge, care, or control of a building or 
part thereof in which dwelling units or 
rooming units are leased. 

(9) "Readily accessible" means capable of be- 
ing chewed, ingested, or inhaled by a child 
under six years of age. 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



190 



PROPOSED RULES 



Statutory Authority G.S. I30A-I3I. 

.0102 REPORTS OF ELEVATED BLOOD 
LENELS IN CHILDREN 

All laboratories that perform blood lead tests 
shall report to the Department blood lead results 
of 25 ug/dl or greater on children less than six 
years of age and on indi\iduals where the age is 
unknown at the time of testing. Reports shall 
be made within five working days after test com- 
pletion on forms provided by the Department. 

Statutoiy Authority G.S. I30A-I3I . 

.0103 EX.WIIN.ATION AND TESTING 

When the Department has a reasonable suspi- 
cion that a child less than six years of age has an 
elevated blood lead level, the Department shall 
require that child to be examined and tested 
within 30 days. 

Statutory .Authority G.S. I30A-I3I. 

.0104 INVESTIGATION TO IDENTIFY LEAD 
HAZARDS 

(a) When the Department learns of an elevated 
blood lead level the Department shall conduct an 
investigation to identify lead hazards to children. 
The Department shall also conduct an investi- 
gation when it reasonably suspects that a lead 
hazard to children exists in a dwelling, school, 
or day care facility occupied or frequently visited 
by a child less than six years of age. 

(b) In conducting an investigation, the De- 
partment may take samples of surface materials 
or other materials suspected of containing lead 
for analysis and testing. If samples are taken, 
chemical determination of the lead content of the 
samples shall be by atomic absorption spectros- 
copy (AAS) or equi\'alent methods approved by 
the Department. 

Statutoiy .Authority G.S. I30A-I3I. 

.0105 ABATEMENT 

(a) Upon determination that a lead hazard ex- 
ists, the Department shall give written notice of 
the lead hazard to the owner or managing agent 
of the dwelling, dwelling unit, school or day care 
facility and to all persons residing in or attending 
the unit or facility. The written notice to the 
owner or managing agent shall include recom- 
mended methods of abatement of the lead haz- 
ard. 

(b) The owner or managing agent shall submit 
a written lead hazard abatement plan to the De- 
partment within 14 da_\ s of lead hazard notifica- 
tion and shall obtain written approval of the plan 
prior to initiating abatement. If the owner or 



managing agent does not submit an abatement 
plan within 14 days, the Department shall issue 
an abatement order. The lead hazard abatement 
plan shall comply with Paragraphs (c), (d) and 
(e) of this Rule. Abatement shall be completed 
within 60 days of the Department's approval of 
the abatement plan. The owner or managing 
agent shall notify the Department and occupants 
of the dates of abatement activities. 

(c) The following methods of abatement of lead 
hazards in paint are prohibited; 

(1) stripping paint on-site with methylene 
chloride based solutions; 

(2) torch or flame burning; 

(3) heating paint with a heat gun above 800 
degrees Fahrenheit; 

(4) covering with new paint, contact paper, 
or non-vinyl wallpaper unless all readily 
accessible lead-based paint has been re- 
moved; 

(5) sandblasting; or 

(6) waterblasting when average wind speed 
exceeds 15 miles per hour unless vertical 
tarpaulins extend from the ground to four 
feet above the surface to be abated. 

(d) All lead-cont;iining waste and residue of the 
abatement of lead shall be removed and disposed 
of by the person performing the abatement in 
accordance with applicable federal, state, and lo- 
cal laws and rules. 

(e) All abatement plans shall require that the 
lead hazard be reduced to at least the following 
levels: 

(1) Floor lead dust levels are less than 200 
micrograms per square foot; 

(2) Window sill lead dust levels are less than 
500 micrograms per square foot; 

(3) Window well lead dust levels are less than 
800 micrograms per square foot; 

(4) Soil lead levels are less than 500 parts per 
million; and 

(5) Drinking water lead levels less than 50 
parts per billion. 

(f) 'I'he Department shall verify by visual in- 
spection that the approved abatement plan has 
been completed. The Department may also 
\erify plan completion by residual lead dust 
monitoring and soil or drinking water lead level 
measurement. 

Statutoiy Authority G.S. I30A-I3I. 

in LE 10 - DKPAR IMFN r OF HL.MAN 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human 



191 



5:2 NORTH CAROLI^.4 REGISTER April 16, 1990 



PROPOSED RULES 



Resources/ Dh'ision of Afedical Assistance intends 
to amend rule(s) cited as 10 NCAC SOB .0402. 

1 he proposed effective date of this action is Oc- 
tober I, 1990. 

1 he public hearing will be conducted at 1 :30 
p.m. on July 16, 1990 at North Carolina Division 
of Medical Assistance, 1985 Umstead Drive, 
Room 201, Raleigh, N. C. 27603. 

y^omment Procedures: Written comments con- 
cerning this proposed amendment must be sub- 
mitted by July 16, 1990, to: Dh-ision of Medical 
Assistance, /9S5 Umstead Drive, Raleigh. N. C. 
27603. ATTN.: Bill Holtel, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50B - ELIGIBILITY 
DETERMINATION 

SECTION .0400 - BUDGETING PRINCIPALS 

.0402 FINANCIAL RESPONSIBILITY AND 
DEEMING 

The income and resources of financially re- 
sponsible persons are deemed available to the 
applicant or recipient in the following situations: 

(1) For aged, blind and disabled cases in a pri- 
vate living arrangement financial responsi- 
bility exists for; 

(a) spouses when living together or tempo- 
rarily absent; 

(b) parents for disabled or blind children un- 
der age 19 who arc living in the household 
with them or temporarily absent. 

(2) For aged, blind and disabled cases in long 
term care, financial responsibility exist for: 

(a) spouse to spouse only for the month of 
entPv' into a long tenn care facility; 

(b) parents for dependent children under age 
19 in skilled nursing facilities, intermediate 
care facilities, intermediate care facUities 
for the mentally retarded, or hospitals 
whose care and treatment is not expected 
to exceed 12 months as certified by the 
patient's physician. 

(3) For AF'DC related cases, except pregnant 
women dcscnbcd at 42 L.S.C. 1396a(l), fi- 
nancial responsibility exists for: 

(a) spouses when li\ing together or one 
spouse is temporarily absent in long term 
care; 



(b) parents for dependent children under age 
19 living in the home with them or tem- 
porarily absent; 

(c) parents for dependent children under age 
19 in skilled nursing facilities, intermediate 
care facilities, intermediate care facrhties 
for the mentaUy retarded, or hospitals 
whose care and treatment is not expected 
to exceed 12 months as certified by the 
patient's physician. 

(4) For pregnant women described at 42 U.S.C. 
1 396a( 1 ) financial responsibility exists for: 

(a) The pregnant woman's spouse if hving in 
the home or temporanly absent from the 
home; 

(b) The father of the unborn child if not 
married to the pregnant woman but living 
in the home and acknowledging paternity 
of the unborn child. 

(5) f4-)- Parental financial responsibihty for chil- 
dren in private living arrangements or long 
term care facilities for whom the county has 
legal custody or placement responsibility is 
based on court ordered support and volun- 
tary' contributions from the parents. 

Authority G.S. JOSA-54; S.L. I9S3, c. 761, s. 
60(6): S.L. 1983, c. 1034; S.L. 1983, c. 1 1 16: 42 
C.F.R. 435.602; 42 C.F.R. 435.712; 42 C.F.R. 
435.734; 42 C.F.R. 435.821; 42 C.F.R. 435.823. 

TITLE 12 - DEPARTMENT OF JUSTICE 



ly otice is hereby given in accordance with G.S. 
I50B-I2 that the Department of Justice - Office 
of the Attorney General intends to amend nde(s) 
cited as 12 NCAC 21 .0202. 

1 he proposed effective date of this action is 
September I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on June 14, 1990 at Alcoholic Beverage 
Control Commission Hearing Room, 3322 Old 
Garner Road. Raleigh, North Carolina 
27610-5631. 



c 



,ommcnt Procedures: Any interested person 
may present written comments for consideration 
by the Attorney General. The hearing record will 
remain open for receipt of comments from .May 
14, 1990 through June 13, 1990. Written com- 
ments should be received by the Company Police 
Administrator by midnight on June 13, 1990, to 
be considered as part of the hearing. Comments 
should be addressed to: Mr. Wayne Coates. 
Company Police Administrator, Post Office 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



192 



PROPOSED RULES 



Drois'er 149, Raleigh. North Carolina 27602. Any 
person may present oral comments at the hearings. 
Requests to speak should be presented to Mr. 
Wavne Coates at the above address no later than 
fn-e (5) days before the date of the hearing. Ad- 
ditional comments may be allowed by the A ttorney 
General by signup at the public hearing as time 
allows. All presentations will be limited to five 
(5) minutes. According to the procedures set out 
in G.S. I SOB- 13, these rules were adopted as 
temporary rules, effectix'e March 23, 1990, with a 
proposed effecti\-e date as permanent rules on 
September '20, 1990. 

CHAPTER 2 - OFFICE OF THE ATTORNEY 
GENERAL 



Room, .4rchdale Building, 
Street, Raleigh, NC 27611. 



512 N. Salisbury 



SLBCHAJTER 21 



COMPANY AND RAILROAD 
POLICE 



SECTION .0200 - COMMISSIONING 

.0202 MINIMLM STANDARDS FOR 
COMMISSIONING 

Persons eligible for commission on the basis of 

their employment as prescribed in G.S. 74.\-l, 

must meet the following requirements before a 

Commission will be granted: 

(4) meet the minimum standards for state law 

enforcement officers established G.S. Chap 

hdf- -1-?^ aft4 by the North Carolina Criminal 

Justice Education and Training Standards 

Commission, appearing in Title 12, Chapter 

9 of the North Carolina Administrative 

Code; which Standards are hereby adopted 

by reference, and shall automatically include 

an\ later amendments and editions of the 

adopted matter as authorized by G. S. 

15l)B-14fc). 

Statutory- Authority G.S. 74 A- 1: 1 43 A- 54. 

TITLE 15A - OKPARLMKNI OF 

EW IRONMIINT, HEALTH, AND 

NATURAL RESOURCES 



1\ otice is hereby given in accordance with G.S. 
150B-12 that the EIL\R - Div. of Em-ironmental 
Mgmi. intends to amend rulefsj cited as 15.4 
\CAC 211 .0105. .0205, .0211: 2L .0109: adopt 
nde(s) cited as 15A \CAC 2H .1201 - .1205. 

1 he proposed effective date of this action is Oc- 
tober 1, 1990. 

1 he public hearing will be conducted at 3:00 
P.M. on May 17, 1990 at Ground Floor Hearing 



Co 



'Omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30 1 days after the hearing or may be pre- 
sented orally at the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. For more information contact Boyd 
DeVane, Div. of Environmental Management, 
P.O. Box 27687, Raleigh, NC 27611, (919) 
733-50S3. 

CHAPTER 2 - EN M RON MENTAL 
MANAGEMENT 

SLBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROX ALS 

SECTION .0100 - W ASTEWATER DISCHARGES 
TO THE SURFACE \V,\TERS 

.0105 APPLICATION: PERMIT FEES: 

ASSESSMENT FOR NEW SOURCES 

(a) Except as provided in Subdivi ^ iionr i Para- 
.graphs (d) and (e) of this Rule, any person who 
discharges or who proposes to discharge pollu- 
tants to the surface waters of the state or to a 
PO TW when pretreatment of the wastewater is 
required shall complete, sign, and submit, in tri- 
plicate, an application accompanied by the proc- 
essing fee descnbed herein for each application in 
the form of a check or money order made paya- 
ble to N.C. Department of Natural Ror i ources 
»h4 Community Dovolupmunt. En\Lronmcnt, 
Health, and Natural Resources. 

1 he NPDliS application forms to be used for 
the various types of discharges are as follows: 
Std. Form A: aU municipal systems greater 

than or equal to 1.0 MGD as 
well as any municipal s\"stem 
receiving industrial waste from 
a primary industry'. 

any municipal system not 
covered by Std. Form A. 

.All agriculture related dis- 
charges. 
All primary industries as 
listed m 40 CFR 122.21, 
Appendix A and all other 
industrial process and com- 
mercial discharges except 
cooling waters, cooling tower 
blowdown, and boiler blow- 
down. 



Short Form A: 

Short Form B: 

Std. I'orm C 

or 

EPA Form 2-C: 



I9i 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



PROPOSED RULES 



Short Form C: Cooling waters, cooling 
tower blowdown, and boiler 
blowdown. 
Short Form D: All domestic waste dis- 
charges not covered by Std. 
Form A and Short Form A. 
Short Form E: Notice of Intent to be cov- 
ered by general permit for 
once - through non - contact 
cooling waters, statewide. 
Short Form F: Notice of Intent for mine 
dewatering facilities, statewide. 
Short Form G: Notice of Intent for water 

filtration facihties, statewide. 
Short Form II: Notice of Intent for seafood 

packing facilities, statewide. 
Short Form I: Notice of Intent for oil ter- 
minal storage facilities dis- 
charging to water supply 
(WS-Ill) waters. 
Short Form J: Notice of Intent for oil ter- 
minal storage facilities dis- 
charging to waters, other than 
water supply (WS-llI) waters. 
Short Form K: Notice of Intent for sand 

dredges, statewide. 
Short Form L: Notice of Intent for trout 

farms, statewide. 
Short Form M: Notice of Intent for aquifer 

restoration. 
The pretreatment application forms to be used 
wiU be supplied by the Division, 
(b) Permit Fees. 
(1) Permit Application Processing Fees. For 
every application for new or renewed 
NPDFS permits or Notice of Intent to be 
covered by a general permit, a nonre- 
fundable apphcation processing fee in the 
amount stated in Subparagraph (b} (5) of 
this Paragraph Rule shall be submitted at 
the time of application. 

(A) This fee schedule does not apply to re- 
newal of general permits. 

(B) Fach permit or renewal application is 
incomplete until the processing fee is re- 
ceived. 

(C) For a facility with multiple dischiugcs 
under a single permit, the application 
processing fee shall be set by the single 
discharge to the waters of the state with 
the higlicst fee in the fee schedule. 

(D) No application processing fee will be 
charged for modification of unexpired 
permits when the modifications are initi- 
ated by the Director. 

(F) An ap]->lication processing fee of t' l suii 
ty fivo dollar ', ( '^2,^.1 1 ( 1 ) ^fittv dollars 
('S5n.()0) wiU be charged lor tiic minor 



modifications Buoh as nam e chang e s listed 
in Rule .0114(b) of this Section. 

(F) A full processing fee will be charged for 
major modifications other than those 
listed in Rule .01 14(b) of this Section; 
opocifically including afty- which incroaoo 
the dc 'ji ign flew »f othonvioo r e quire Bew 
modeling; this fee will be in the same 
amount as shown in Subparagraph (5) of 
\km Paragraph (c) of this Rule for ntand 
af4 new applications /modifications. 

(G) Permittees requesting special orders by 
consent, judicial orders, or flow increases 
under G.S. 143-215.67(b), will pay a fe- 
ducL ' d fee of e»e four hundred dollars 
(SlOO.nO). ($400.00). 

(2) Annual Administenng and Compliance 
Monitoring Fees. An annual fee for ad- 
ministering and compliance monitoring 
shall be charged in each year of the term 
of every NPDFS permit, including general 
permits, according to the schedule in 
Subparagraph (b} (5) of this Paratiraph. 
Rule. 

(A) Collection of annual fees shall begin 
upon approval of this Rule, fof new, f&- 
if i'. UL ' d, ef modifi e d pormitn. 

(B) Annual fees must be paid for any facil- 
ity operating on an expired pennit after 
the effective date of this Rule. The Di- 
rector shall establish an anni\ersary date 
for such a facility and notify the responsi- 
ble party of the requirement to pay annual 
administering and compliance monitoring 
fees. U the Director d e l e rmin ej. A«4- the 
pormittoo w**** Hot- r e f . pon i. iblo f»f t4+e d<?- 
!»¥ m pL ' nnit rei ' jL . uunoe, »» annual fee 
shall be aiiner i oed until the pennit i* Fei**- 

(4^ -Pof a«¥ pennit which undeigoef f a 
modification which roquirei . a public ne- 
tite m accordance ssith Rule .01 11(b) ef 
this Section, the annual fee i . hcnsn i» 
Subparagraph fH **f thi^ Paragraph nui ;. t 
be pwtd ft+F e ach whol e pennit yoai '. left- m- 
t4+e duration h4- t+^ permit. 

fP^ (C) lor a facility with multiple dis- 
charges under a single permit, the annual 
administering and compliance monitoring 
fee shall be set by the single discharge to 
the waters of the state with the highest fee 
in the fee schedule. 

(4^ (D) A person with only one permit w ill 
be billed annuaJK t)n an anni\crsar\ date 
to be determineil by the Di\ision. This 
will normally be the first day ot the month 
of permit issuance. 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



194 



PROPOSED RULES 



(-P^ {Vj_ A person with multiple permits may 
have annual fees consolidated into one 
annual bill. 

(^ (JQ Any permittee which has main- 
tained full compliance with all permit 
conditions during the previous calendar 
year will have its administering and mon- 
itoring annual fee reduced by 25 percent. 
Permittees operating under interim limits, 
judicial orders, or special orders by con- 
sent will not be eligible for an\' discount. 
Full compliance will be established if it 
can be certified by the Director that no 
Notice of Noncompliance or a Notice of 
\'iolation was sent to the permittee during 
the compliance period bemg considered. 
If a Notice of Noncompliance or a Notice 
of Violation was based on erroneous in- 
formation, the Director can send a letter 
of correction to the permittee clearing the 
record for compliance purposes. 

fi-H Cooling v . at e r aftd totally domootic 
' . vu '. to di i T ' charuL' ! : ' - jhall b# pro' i idtjd a low e r 
unnuiJ udminii ' tL'ring *ft4 complianc e 
monitoring fei* a^ provided » .Subpura 
graph (-?4 ^ Ai* Paragraph. 

(44 (Cj) \ft addition to tho - j e ssa^ . t e c . sp e cified 
m (44+ ef tht* P^uk ' . » A discharge which 
has recognized low potential for environ- 
mental impact may be charged the same 
fee schedule as cooling water and domes- 
tic waste. A low potential for environ- 
mental impact exists if it can be shown 
that the effluent flow originates as storm- 
water runoff or groundwater seepage and 
can be expected to meet all water quality 
standards including a BODs concen- 
tration of less than 2 mg 1 at the outlet 
of the treatment works. .Also, intermittent 
discharges meeting these quality criteria 
with a\^rage flows^kss than 100,000 GPD 
but which are permitted at a higher flow 
may upon request be allowed to meet the 
fee schedule of the cooUng water rate of 
the less than 100.000 GPD category. 
Request for this special consideration 
should be made as part of the permit ap- 
plication and must be accompanied by 
documentation of eligibilitv under this 
Ruk. 

f44 A facility Ht*4- y^ i» opcrulion ef v . hich 
hrf' l e ii '^e d c41 ojiLTalion '' ri+ c+ ^#e Vr+U Ht+f- 
bt^ requir e d to pay \h^ He*t aniuml a4- 
mini ' . ' tering »f^ complianc e monitoiing 
ft*e pro' i id e d oporalion ;. aw »ir>4- ^tailed (*f 
r er. umed during Uwf pomiil yoar. Afty 
oporationf . m^ n e c e-.-' itat e (4*e payment ef 
Ar^ L'ntiro annual fe^^ tw Aat- ■ 



(3) 



(4) 



(5) 



fi4^ (II) Permit Application Processing Fees 
and Annual Administering and Compli- 
ance Monitoring Fees for pretreatment 
facilities permitted by the Division shall 
be at the same rate as provided in Sub- 
paragraph (b] (5) of this Paragraph. Rule. 
No fees are required to be paid under this 
Regulation Rule by a farmer who submits 
an application or receives a permit that 
pertains to his farming operations. 
Failure to pay an annual fee within 30 
days after being billed may cause the divi-, 
sion to initiate action to revoke the per- 
mit. 
Schedule of Fees: 



PER.MIT APPLICATION 
PROCESSING FEE 

NEW APPLICATIONS 



SI.MPLE 
Category Standard RENEWALS 

MODIFICATIONS WITIIOIT 

MODII ICAIIONS 
> 10,000,000 GPD 
Industrial $ 400 

Domestic, Cooling 
Water " 400 

1,000,001 - 10,000,000 
GPD 
Industrial 



Domestic/Cooling 
Water 



100,001 - 1,000,000 
GPD 
Industrial 

Domestic Cooling 
Water 



> = 100,000 GPD 
Industnal 

Domestic Cooling 
Water 



Single family 
dwelling 



General permit 
for coohng 



^OWOO 
^W400 

g^fMOO 
5i«400 



$ 300400 
000400 

4^300 
4§O300 

W^250 
44^250 



0440400 400200 

300400 400200 

4JO240 ^120 
3^0400 



195 



5:2 SORTH CAROLINA REGISTER Apiil 16. 1990 



PROPOSED RULES 



water, water 
filtration, 
and aquifer 
restoration 

General permit 
for mine 
dewatering, 
sand dredges 

General permit 
for swimming 
pools 

Other general 
permits 



OmAOO 



dewatering, 
sand dredges 

General permit 
for swimming 
pools 

Other general 
permits 



imioo 



+00200 



ANNUAL ADMINIS ri-RING AND 
COMPLIANCE MONITORING FEE 



STANDARD 

Industrial 

Domestic/Cooling 
Water 



Industrial 

Domestic/Cooling 
Water 



Industrial 

Domestic/Cooling 
Water 



Industrial 

Domestic/ Cooling 
Water 



Single family 
dwcUing 

General permit 
for cooling 
water, water 
filtration, 
and aquifer 
restoration 

General permit 
for mine 



IN 

COMPLIANCE 

40001500 9001125 



900 1500 6341125 

8001500 6001125 

6001200 44O900 

400800 500 600 

5OO600 32^450 

54)0600 304450 

334450 440 300 


300400 



300400 



(6) If the total payment for fees required for 
all permits under G.S. 143-215.3(a)(lb) 
for any single facility will exceed seven- 
ty-five hundred dollars ($7500.00) per 
year, then the total for all these fees will 
be reduced for this facility so that the total 
payment is seventv-five hundred dollars 
($7500.00) per year. 

(7) A portion of the permit application proc- 
essing fees shown in the fee schedule in 
Subparagraph (b) (5) of this Paragraph 
Rule will be transferred into the Waste- 
water Treatment Works Emergency 
Maintenance, Operation and Repair fund 
according to the following schedule: 

(A) All nonmunicipal facilities treating 
wastewater which is predominantly do- 
mestic waste with design flows of 100,000 
gallons per day or less, except single fam- 
ily dwellings, seventy-five dollars ($75.00); 

(B) Single family dwellings, forty dollars 
($40.00); 

(C) All other facilities, zero. 

(8) When the total value of the Wastewater 
Treatment Works Fimergency Mainte- 
nance, Operation and Repair Fund, as 
certified by the State Treasurer, is at least 
seven hundred fifty thousand dollars 
($750,000.00) at the end of a quarter, the 
permit application processing fees for fa- 
cilities with discharges of one hundred 
thousand gallons per day (100,000 GPD) 
or less shall be reduced by the amounts 
being transferred under Subparagraph (7) 
of this Paragraph. This reduction shall 
continue until, at the end of some subse- 
quent quarter, the State Treasurer certifies 
that the fund's balance is less than seven 
hundred fifty thousand dollars 
($750,000.00), in which case the full 
amount of the permit application proc- 
essing fees as listed in Subparagraph (bl 
(5) of Ae this Paragraph Rule shall be 
charged. 

(9) In order to avoid violation of the statu- 
tory' limit that total permit fees collected 
in any year not exceed 30 percent of the 
total budgets from all sources of environ- 



5:2 ^ORTH CAROLINA REGISTER April 16, 1990 



196 



PROPOSED RULES 



mental permitting and compliance pro- 
grams, the Division shall in the first half 
of each state fiscal year project revenues 
from all sources including fees for the next 
fiscal year. If this projection shows that 
the statutory limit will be exceeded, rule- 
making shall be commenced in order to 
have an appropriately adjusted fee sched- 
ule which will avoid excessive revenue 
collection from permit fees. 
(10) y\ny applicant whose facility qualifies for 
a general permit under Rules .0127 and 
.0128 through .0137 of this Section may 
pay the lower fees set in Subparagraph (b} 
( 5) of this Rule for the appropriate general 
permit 
(c) Applicants for projects requiring construction 
of control facilities shall in addition to applica- 
tions required in Subnoction Paragraph (a) of this 
Rule, file, in triplicate, an engineermg proposal 
setting forth the following information: 

(1) a description of the origin, type, and flow 
of waste which is proposed to be dis- 
charged. Flow shaU be determined in ac- 
cordance with Rule 211 .0219(1) of this 
Chapter; 

(2) a summaPt' of waste treatment and dis- 
posal options that were considered and 
why the proposed system and point of 
discharge were selected; the summary 
should have sufficient detail to assure that 
the most environmentally sound alterna- 
tive was selected from the reasonably cost 
effective options; 

(3) a narrative description of the proposed 
treatment works including type and ar- 
rangement of major components, in suffi- 
cient detail to assure that the proposed 
facility has the capability to comply with 
the permit limits; for commonly used 
treatment system or components with 
well established treatment capabilities, de- 
tailed plans and specifications need not be 
submitted until the application for the 
authorization to construct; however, de- 
tailed plans and specifications shall be re- 
quired with the permit application for any 
system or component without weU estab- 
lished treatment capabilities for the nature 
of waste or degree of treatment needed to 
meet the permit limits; 

(4) a general location map, showing orien- 
tation of the facility with reference to at 
least two geographic references (numbered 
roads, named streams rivers, etc.); 

(5) a scale location plan of the site showing 
location of the proposed treatment works 
and the proposed point of discharge; 



(6) special studies or modelling may be re- 
quired in cases where the impacts of the 
discharge cannot be readily determined by 
the Division; 

(7) a statement to demonstrate fmancial qua- 
lification and substantial previous com- 
pliance with federal and state laws, 
regulations and rules for the protection of 
the environment as required by G.S. 
143-215.1(b)(la). 

(d) Applications for permit renewals shall be 
accomplished by filing the appropriate applica- 
tion form as Usted in Paragraph (a) of this Rule, 
abovo, with the processing fee described herein 
in the form of a check or money order made 
payable to N.C. Department of Natural R«- 
oourcoi ' a«4 Community De' . oU^pmcnl, Invi- 
ronmental. Health, and Natural Resources, at 
least 180 days prior to expiration of a permit. 
The notice and public participation procedures 
set in Rules .0109 and .0111 of this Section shall 
be followed for each request for reissuance of the 
permit. /VU applications are incomplete untU re- 
quired processing fees are received, and may be 
returned to the apphcant. 

(e) Applications for permits for pretreatment 
facilities shall be made in triplicate upon forms 
approved by the Director and submitted along 
with applicable supporting information to the 
Division of Environmental Management. 

(f) Appbcants for permits for new discharges 
which propose to discharge industrial process 
wastewater in excess of 100,000 gallons per day 
or 10 .\1GD of cooling water or any other pro- 
posed discharge of 1 MGD or greater to the sur- 
face waters shall fJe, in addition to the 
applications and supporting documents required 
in Sub i. L ' cticm ' j Paraiiraphs (a) and (b) of this 
Rule, an assessment sufficient to describe the 
impact of the proposed action upon the waters 
of the area. As a minimum, the assessment shall 
contain the following: 

(1) Co\er Sheet. The cover sheet shall indi- 
cate the nature of the proposed action, the 
name of the pemiit applicant, the date of 
the assessment, and the signature of the 
responsible company official. 

(2) fhe assessment shall identif\', develop, and 
analyze the pertinent issues concerning the 
impact on the aquatic environment as 
follows: 

(A) Background and description of the 
proposed discharge: The assessment shall 
describe the proposed discharge , its pro- 
duct or purpose, its location, and its con- 
struction and operation time schedule in 
as broad a context as is reasonable. The 
relationsliip of the project to other pro- 



797 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



PROPOSED RULES 



jects and proposals directly affected by or 
stemming from the construction and op- 
eration of the discharge should be dis- 
cussed. Maps, photos, or artist sketches 
should be incorporated if available to help 
depict the environmental setting and, if 
not available, supporting documents 
should be referenced. 

(B) Altematives available for treatment or 
other control methods should be de- 
scribed, developed and objectively 
weighed against the proposed discharge. 
The analysis should be sufficiently de- 
tailed to allow for comparative evaluation 
of impacts on the aquatic environment. 
The analysis of altematives shall be com- 
pared to the existing aquatic environment. 

(C) The assessment should discuss the pri- 
mary and secondary environmental im- 
pacts both beneficial and adverse. The 
scope of the description should include 
both short term and long term impacts. 

(D) Adverse impacts which cannot be 
avoided should the pennit be issued 
should be described in detail and proposed 
remedial or protective measures which 
vviU be taken to minimize such impacts 
should be described. This shaU be a de- 
scription of the extent to which the pro- 
posed activity involves trade-offs between 
short term environmental gains at the ex- 
pense of long term losses or vice-versa and 
the extent to which proposed actions may 
foreclose future options. The assessment 
must adequately address irreversible and 
irretrievable commitments of aquatic re- 
sources which wUl result if the permit is 
issued. 

(3) Any assessment which is required by any 
other state agency or any federal agency 
shall be deemed to comply with require- 
ments of this subsection provided aquatic 
impacts are adequately addressed, 
(g) Permits which result in construction of fa- 
cilities which will be funded by public monies 
may require environmental documentation pur- 
suant to the North C.'arolina Fn\ironmcntal Pol- 
icy Act, NCOS 113A. NPDIS permit 
applications for which such documentation is re- 
quired will be considered incomplete until sup- 
ported by the required documentation. 

(h) I'or NPDIiS permits, a full disclosure of 
all known toxic components that can be reason- 
ably expected to be in the discharge, including 
but not limited to those contained in a priority 
pollutant analysis, must be submitted for all pri- 
mar\ industrial direct discharges in accordance 
with 40 CFR 122.21 Appendix D which arc 



adopted by reference as amended through Janu- 
ary 1, 1986 and for other direct discharges as re- 
quired by the Director. 

Statutory Authority G.S. 143-215.1 (c); 
l43-2I5.3(a); I43-2I5.3(B). 

SECTION .0200 - WASTE NOT DISCHARGED 
TO SIRKACE WATERS 

.0205 APPLICATION: PERMIT FEES: 

SLPPORTING INFORMATION: REQRMTS 

(a) Jurisdiction. Applications for sewer system 
extensions under the jurisdiction of a local sewer 
system program shall be made in accordance with 
applicable local laws and ordinances. AppUca- 
tions for permits from the Division shall be made 
in accordance with this Rule as follows. 

(b) Applications. Application for a permit 
must be made in triplicate on official form com- 
pletely filled out, where applicable, and fully ex- 
ecuted in the manner set torth in Rule .0206 of 
this Section. A processing fee as described herein 
must be submitted with each application in the 
form of a check or money order made payable to 
N.C. Department of Natural RLViourcL". . a«4 
Community DL'solopmcnt. f"n\ironment, 
I Icalth. and Natural Resources. Applications 
may be returned if not accompanied by the pro- 
cessing fee. The signature of the consulting en- 
gineer or other agent will be accepted on the 
application only if accompanied b\' a letter of 
authorization. 

(c) Permit Fees. 

(1) Permit Application Processing Fee. For 
every application for a new or revised 
pennit under this Section, a nonrefunda- 
ble application processing fee in the 
amount stated in Subparagraph (5) of this 
Paragraph shall be submitted at the time 
of application. 

(A) Fach pennit or renewal application is 
incomplete until the application process- 
ing fee is received; 

(B) For a facility with multiple treatment 
units under a single permit, the processing 
fee shall be set by the total design treat- 
ment capacity; 

(C) No processing fee will be charged for 
modification of unexpired permits when 
the modifications are initiated by the Di- 
rector; 

(D) A processinc fee of tV i L'nt'i ' liv e dollars 
($25.00) fifty ^dollars ($50.00) will be 
charged for minor modification ' .! such a* 
name changes: 

(F) A full application processing fee will be 
charged for major all modifications except 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



I9S 



PROPOSED RULES 



for name changes; f i pecirioully including 
cHW which incrcuL iB 4¥» dcr i ign capacity; 
this fee wiU be in the same amount as 
shown in Subparagraph (5) of this Para- 
graph (c) of this Rule for iitandard for new 
applications modifications. 
(F) Permittees requesting special orders by 
consent, judicial orders or flow increases 
under G.S. 143-215. 67(b), will pay a re- 
ducL'd fee of »fte four hundred dollars 

(Si i )0.o i )> (S40i).(in) 

(2) Annual Administering and Compliance 
Monitoring Fees. .An annual fee for ad- 
ministering and compliance monitoring 
shall be charged in each year of the term 
of every renewable permit according to 
the schedule in Subparagraph (5) of this 
Paragraph. Annual fees will not be 
charged for permits which do not require 
renewal, 

(A) CoUection of annual fees shall begin 
upon approval of this Rule; fof fkhv- »f 
modified purmito; 

(B) .Ajinual administering and compliance 
monitoring fees must be paid for any fa- 
cihty operating on an expired permit after 
the effective date of this Rule. The Di- 
rector shall establish an anniversar)- date 
for such a facility and notify the responsi- 
ble party of the requirement to pay annual 
fees, tf t4*<* Diri ' ctor dL ' lormint'i . A***- tb» 
pL'nnittoj wa* »»+ ro '^ ponoiblo fe+ t4*<* de- 
k+¥ H* permit rLML i' juancu. fH* aimuid tW 
' . . luiU be a 'i!i L ';.;i tfd until t+H* ponnit i* i=<wi- 
i i u e d; 

fG^ fw aftv permit which undorgooc a 
major modiilccition i i s hich requires . »» af>- 
plication procLV i r i ing W t» accordunce 
' ■ ' ■ ith Subpciragriiph f++ e4 t+^+!i Paragraph, 
t4w annual administering a«4 compliance 
monitc'nng W ' jlunvii m- Subparagraph 
f^ rt+ t+H^ I'aragraph mu ^. t bt» paid fo+ 
each V i hole permit ; . ear W+ ift th* dura 
t+tn+ «+ rt^ permit: 

(4^ (C) For a facilit\ with multiple treat- 
ment units under a single pennit, the an- 
nual administering and compliance 
monitoring fee shall be set by the single 
treatment system with the highest fee in 
the fee schedule; 

f4-4 (D) .\ person with only one permit will 
be billed annually on an anni\ersary date 
to be determined by the Di\ision. This 
will normalh' be the first day of the month 
of permit issuance; 

f+^ rF] ;\ person with multiple permits ma\ 
ha\e annu;d administenng and compli- 



ance monitoring fees consolidated Into 
one annual bill; 

{G^ (F} Any permittee which has main- 
tained fuU compliance with all permit 
conditions during the previous calendar 
year will have its administering and com- 
pliance monitoring annual fee reduced by 
25 percent. Permittees operating under 
interim limits, judicial orders, or special 
orders by consent wdl not be eligible for 
any discount. Full comphance will be 
established it it can be certified by the Di- 
rector that no Notice of Noncompliance 
or a Notice of Violation was sent to the 
permittee during the compliance period 
being considered. If a Notice of Non- 
compliance or a Notice of \ iolation was 
based on erroneous information, the Di- 
rector can send a letter of correction to the 
permittee clearing the record for compli- 
ance purposes; 

(+44 ((}) A change in the facility which 
changes the annual fee set by Subpara- 
graph (5) of ^rws Paragraph (c} of this 
Rule will result in the revised annual fee 
being filled in all remaining whole permit 
years; 

(-14 A facility net- yet- m op e ration b* which 
h«*i ceased *rt operation - j at- a site whU r*4- 
be required k* pay tl+e next annual ad- 
minP ' tering aH4 compliance mcmitonng 
fee provid e d op e rationa afe ««+ start e d «+ 
resumed during t+fat- p i^ rmit y e ar. j\ny 
operation ; ' . w+H- nece -. ^ i itate Ae pas ment t-4 
tl*e entire annual fee ft*F tlwt- year; 

(44 (H) Closed-loop rec\cle or evaporative 
systems, which store or recycle industrial 
waste and do not discharge to the surface 
water, groundwater or land suriace, shall 
be charged a constant annual administer- 
ing and compliance monitoring fee for all 
sizes of facilities at the fee amount shown 
by Subparagraph (5) of t44^ Paragraph (£} 
of this Rule. 

(3) No tees are required to be paid under this 
Regululum Rule b\ a farmer u ho submits 
an application or receives a permit that 
pertains to farming operations. 

(4) Failure to pay an annual administering 
and compliance monitonng fee within 30 
days after being billed may cause the Di- 
vision to initiate action to re\'oke the per- 
mit. 

(5) Schedule of Nondischarge lees: 

PFRMll APl'l ICA HON 
PROC 1 SSINCj IFF 



199 



5:2 



NORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



NEW APPLICATIONS Simplo 

CATEGORY Slundurd RENEWALS 

MODIEICATIONS WITHOUT 
MODIEICATIONS 
> 1,000,000 GPD 
Industrial 

^00400 +40300 
Domestic/Cooling 
Water 

^^00400 



10,001 - 1,000,000 GPD 
Industrial 



Domestic/Cooling 
Water 



1,001 - 10,000 GPD 
Industrial 

Domestic/Cooling 
Water 



< = 1000 GPD and 
Single family 
dwelling 



Sludge < = 300 
acres 



Sludge >300 
acres 



Sewer extensions 
(nondclcgated) 

Sewer extensions 
(delegate to 
municipalities) 

Closed-loop 

recycle or 

evaporative 

system 



aj>a400 
0^0400 



«<4240 

340400 

340400 
300400 

400200 



440300 

434250 
434250 



300400 40021)0 
300400 400200 



60120 



+34250 



+34250 



3^0400 +00200 



ANNUAL ADMINIS riRlNG AND 
COMPLIANCE MONIIORING lEE 



Industrial 

Domestic/Cooling 
Water 



Industrial 

Domestic/Cooling 

Water 



Industrial 

Domestic/CooUng 
Water 



< = 1000 GPD and 
Single family 
dwelling 

Sludge < = 300 
acres 



Sludge >300 
acres 



Sewer extensions 
(nondelegated) 

Sewer extensions 
(delegate to 
municipalities) 

Closed-loop 
rec} cle or 
evaporati\'e 
system 



SOO1500 6001125 

6001200 440900 

400ROO rWO600 

400600 33^50 

400600 334450 

334450 +4O300 




^00600 334450 



4001000 4^^4750 



440300 



IN 

COMPLIANCE 



STANDARD 



(6) If the total payment for fees requu"cd for 
all permits under G.S. 143-215.3(a)(lb) 
for any sLniile facility will exceed seven- 
ty-five hundred dollars ($7,500.00) per 
>ear, then the total for all these fees v\ill 
be reduced for this facilit\- so that the total 
payment is se\enty-ri\e hundred dollars 
($7,500.00) per year. 

(7) A portion of the permit application pro- 
cessing fees shown in the fee schedule in 
Subparagraph (5) of t+H^ Paragraph (c) of 
this Rule will be transferred into the 
Wastewater Ireatmcnl Works I-mergency 



.■);2 



NORTH CAROLINA REGISTER April 16,1990 



:()() 



PROPOSED RULES 



Maintenance, Operation and Repair lund 
according to the following schedule: 

(A) All nonmunicipal facilities treating do- 
mestic wastewater with design flows of 
100, 000 gallons per day or less, except 
single tamily dwellings and facilities with 
desiszn tlows of less than 1,000 GPD, sev- 
entf-five dollars ($75.00); 

(B) Single family dwellings and facilities 
with desiim flows of less than 1,000 GPD, 
forty dollars ($40.00); and 

(C) All other facilities, zero. 

(8) When the total value of the Wastewater 
Treatment Works Emergency Mainte- 
nance, Operation and Repair Fund, as 
certified by the State I'reasurer, is at least 
seven hundred fifty thousand dollars 
($750,000.00) at the end of a quarter, the 
application processing fees for facilities 
with capacities of one hundred thousand 
gallons per day (100,000 CiPD) or less 
shall be reduced by the amounts being 
transferred under Subparagraph (7) of this 
I'aragraph. This reduction shall continue 
until, at the end of some subsequent 
quarter, the State Treasurer certifies that 
the fund's balance is less than seven hun- 
dred fifty thousand dollars ($750,000.00), 
in which case the full amount of the ap- 
plication processing fees as listed in Sub- 
paragraph (5) of this Paragraph shall be 
charged. 

(9) In order to avoid violation of the statu- 
tory limit that total permit fees collected 
in any year not exceed 30 percent of the 
total budgets from all sources of environ- 
mental permitting and compliance pro- 
grams, the Division shall in the first half 
of each state fiscal year project revenues 
from all sources including fees for the next 
fiscal year. If this projection shows that 
the statutoPi' limit will be exceeded, rule- 
making shall be commenced in order to 
have an appropriateh' adjusted fee sched- 
ule which will avoid excessive revenue 
collection tVom permit fees. 

(d) Supporting Documents and Information. 
This Paragraph outlines those supporting docu- 
ments and information which must be submitted 
for sewers, sewer extensions, and disposal sys- 
tems and wastewater treatment works which do 
not discharge to the surface waters of the state. 
( 1 ) For all facilities: 
(A) Required sets of plans and specifica- 
tions: 

(i) regular projects -- three sets of detailed 
plans and specifications signed and sea- 
led by a professional engmeer; 



(ii) federal and state grants projects -- 
four sets of detailed plans and specifi- 
cations plus federal assurances required 
by appropriate federal agency; 

(B) Specifications describing all materials 
to be used, methods of construction and 
means for assuring the quality and integ- 
rity of the finished project; 

(C) A general location map, showing ori- 
entation of the facility with reference to 
at least two geographic references (num- 
bered roads, n;uned streams rivers, etc.); 

(D) A description of the origin, type and 
flow of waste to be treated. Waste analy- 
sis must be extensive enough to allow a 
complete evaluation of the system to treat 
the waste and any potential impacts on 
the waters of the state; 

(E) When required, a statement submitted 
that the wastewater treatment facility in- 
volved will be properly disconnected and 
the wastewater discharged into an ade- 
quate distnct or municipal system when 
it becomes available; 

(F) Permits which result in construction of 
facilities which will be funded by public 
monies may require en\ironmental doc- 
umentation pursuant to the North Caro- 
hna Environmental Policy Act. Pemiit 
applications for which such documenta- 
tion is required will not be considered 
complete untU supported by the required 
documentation; 

(G) If more than one contiguous acre of 
land is to be uncovered by a project, doc- 
umentation should be supplied verifying 
that the applicant has completed or is 
working with the appropriate regional en- 
gineer of the I and Quality Section on the 
completion of an erosion control plan. 

(2) For wastewater facilities specified in G.S. 
143-215.1 (dl) that are or will be jointly 
or commonly owned, either a copy of a 
properly e.xecuted operational agreement 
or c\'idcncc to show that the applicant has 
been designated as a public utiLitN by the 
State Ftilities Commission. 

(3) For sewers and sewer extensions: 

(A) design flow; 

(B) rate of inlHtration m gallons per day per 
inch of pipe diameter per mile of pipe; 

(C) letter of agreement from owner or 
proper official of treatment works accept- 
ing the wastewater, if application is not 
submitted by owner or proper otficial 
ha\ ing charge of treatment w orks; 

(D) plan and profile of sewers, showing 
their proximity to other utilities and na- 



201 



5:2 



r\'ORTH CAROLINA REGISTER April 16,1990 



PROPOSED RULES 



tural features, such as water supply lines, 
water lines, storm drains, surface waters, 
roads and other trafficked areas. 
(E) Construction of sewers and sewer ex- 
tensions are prohibited in the following 
areas unless the specified determinations 
are made: 

(i) in a natural area designated on the 
State Registry' of Natural Heritage Ar- 
eas by a protection agreement between 
the owner and the Secretary of the N.C. 
Department of Nuturul I - loi . ourcL ' ii a«4 
Community DL'vclopmL ' nt I'nviron- 
ment, Health, and Natural Resources, 
unless the LMC agrees that no prudent, 
feasible or technologically possible al- 
ternative exists; 
(ii) in a natural area dedicated as a North 
Carolina Nature Preserve by mutual 
agreement between the owner and State 
of North Carolina (Governor and 
Council of State), unless the EMC re- 
commends and the Governor and 
Council of State agree that no prudent, 
feasible or technologically possible al- 
ternative exists. 

(4) For pumping stations: 

(A) design calculations for pump and force 
main sizing; 

(B) plan and profile of sewers, showing 
their proximity to other utilities and na- 
tural features, such as water supply lines, 
water lines, storm drains, surface waters, 
roads and other trafficked areas; 

(C) pump station site location map; 

(D) name and classification of adjacent 
surface waters which could be affected by 
a failure. 

(5) For subsurface ground absorption sys- 
tems: 

(A) soil evaluation of the disposal site con- 
ducted by a soils scientist to adequately 
evaluate the soils to be utilized for treat- 
ment and disposal down to a depth of 
se\'en feet to include, but is not limited to, 
field descriptions of texture; color; struc- 
ture, the depth thickness and type of re- 
strictive horizons; the presence or absence 
and depth of evidence of any seasonal 
high water table; recommendations con- 
cerning application rates of liquids, solids, 
and other wastewater constituents; field 
estimates of saturated hydraulic conduc- 
tivity in the most restrictive horizon; and 
cation exchange capacity. Applicants 
may be required to dig pits when neces- 
sary for proper evaluation of the soils at 
the site; 



(B) design data; 

(C) plans of complete system including plan 
and profile and cross section views for all 
relevant system components; 

(D) a map of the site, with topographic 
contour intervals not exceeding two feet 
and showing all facility-related structures 
within the property boundary and the lo- 
cation of all wells, springs, lakes, ponds, 
or other surface drainage features within 
500 feet of the principal waste 
treatment/disposal site(s); 

(E) For systems treating industrial waste 
and any system with a design flow of over 
25,000 gpd, a hydrogeologic and soils de- 
scription of the subsurface to a depth of 
20 feet or bedrock, whichever is less. I'he 
number of borings shall be sufficient to 
define the following for the area underly- 
ing each major soil type at the disposal 
site: 

(i) significant changes in lithology under- 
lying the site; 

(ii) the vertical permeability of the un- 
saturated zone and the hydraulic con- 
ductivity of the saturated zone, and 

(iii) depth to the mean seasonal high 
water table (if definable from soil mor- 
phology or from e\aluation of other 
applicable available data). 

(F) For aU projects with a design flow of 
greater than 25,000 gpd, a determination 
of transmissi\ it\' and specific yield of the 
unconfined aquifer based on withdrawal 
or recharge test; 

(G) Information on the location, con- 
struction details, and primary usage 
(drinking water, process water, monitor- 
ing, etc.) of all wells within 500 feet of the 
waste treatment disposal area; 

(II) Degree of treatment (primary, second- 
ary, tertiary); 

(I) For industrial waste a complete chemical 
analysis of the typical wastewater or 
sludge to be discharged, may include but 
not limited to Total Organic Carbon, 
BOD, COD, Chlondes, Phosphorus, 
Ammonia, Nitrates, Phenol, Total Triha- 
lomcthanes. Toxicity test parameters, To- 
tal Halogcnatcd Compounds, Total 
Colifonns and Total Dissohcd Solids; 

(J) proposed location and construction de- 
tails of a monitoring well network. 
(6) For land application of sludge on other 
than dedicated sites: 

(A) a map of the site with topographic 
contour inter\'als not exceeding ten feet 
or 25 percent of total site relief, whiche\er 



>:2 



NORTH CAROLINA REGISTER April 16,1990 



m 



PROPOSED RULES 



is less, and showing all facility related 
structures within the property boundary 
and the location of all weUs, pits and 
quarries, springs, lakes, ponds, or other 
surface drainage features within 500 feet 
of the disposal site; 

(B) a soil scientist's recommendations con- 
cerning application rates of liquids, solids, 
minerals and other wastewater constitu- 
ents; 

(C) a project evaluation conducted by an 
agronomist including recommendations 
concerning cover crops and their ability to 
accept the proposed application rates of 
liquids, solids, minerals, and other waste- 
water constituents; 

(D) project description for the land appli- 
cation system, including treatment, stor- 
age, land application method, equipment, 
and a receiver management plan; 

(E) for industriid wastes, a complete chem- 
ical analysis of the typical wastewater or 
sludge to be applied may include, but is 
not limited to percent Total Solids, pH, 
Mi3-N, N03-N, TKN, Total Phospho- 
rus, Potassium, Toxicity test parameters, 
Cadmium, Chromium, Copper, Lead, 
Nickel, Zinc, \Iercur\ , Arsenic, Selenium; 

(F) information on the location, con- 
struction details, and primary usage 
(drinking water, process \\ater, monitor- 
ing, etc.) of all wells within 500 feet of the 
disposal site; 

(G) For sites previously permitted: Soil 
e\aluation of the application sites by a 
soils scientist to confirm or establish the 
soil map through field evaluation of soil 
texture; color; structure; the depth, thick- 
ness, and type of restrictive horizons; the 
presence or absence of seasonal high water 
table within three vertical feet of the sur- 
face or subsurface application depth: and 
cation exchange capacity; 

(II) I or sites not previously permitted: 
(i) A USDA-SCS soils map of the appli- 
cation site. In addition, a soil e\alu- 
ation of the application site b\' a Soils 
Scientist, to venfy the accuracy of the 
SCS soils map regarding the presence 
or absence of a seasonally high water 
table or bedrock within three \ertical 
tcet of the deepest point of sludge ap- 
plication; and cation exchange capacity; 
(ii) If a USDA-SCS soils map of the ap- 
plication site is not a\'ailable, soil e\al- 
uation of the disposal site b\' a soils 
scientist down to a depth of seven feet 
or the "C" horizon. whiche\er is less. 



to develop a soil map through field 
evaluation of soil texture; color; the 
depth, thickness, and type of restrictive 
horizons; the presence of absence of a 
seasonal high water table, or bedrock 
within three vertical feet of the deepest 
point of sludge application; and cation 
exchange capacity. 
(7) For spray irrigation, land appUcation on 
dedicated sites, or sludge disposal systems 
and treatment works, except for rapid in- 
filtration disposal systems and systems for 
composting sludge for land application: 

(A) a map of the site, with topographic 
contour internals not exceeding ten feet 
or 25 percent of total site relief, whiche\-er 
is less, and showing all facility-related 
structures within the property boundary 
and the location of all wells, pits and 
quarries, springs, lakes, ponds, or other 
surface drainage features within 500 feet 
of the waste treatment disposal site(s); 

(B) the information specified in Subsections 
(d) (5) (F), (F), (II) and (I) of this Rule; 

(C) soil evaluation of the disposal site con- 
ducted by a soils scientist to adequately 
evaluate the soils to be utilized for treat- 
ment and disposal down to a depth of 
seven feet to include, but is not limited to 
field descriptions of te.\turc; color; struc- 
ture; the depth; thickness and type of re- 
strictive horizons; the presence or absence 
and depth of evidence of any seasonal 
higli water table; recommendations con- 
cerning application rates of liquids, solids, 
and other wastewater constituents; field 
estimates or measurements of saturated 
h\'draulic conducti\'ity in the most restric- 
ti\e horizon; and cation exchange capac- 
ity. Applicants may be required to dig 
pits when necessary for proper e\aluation 
of the soils at the site. 

(D) a project e\aluation and a receiver site 
management plan (if applicable) prepared 
by a agronomist and liis recommendations 
concerning co\ er crops and their ability to 
accept the proposed application rates of 
liquid, solids, minerals and other constit- 
uents of the wastewater; 

(V.) complete plans and specifications for 
the entire s\stem. including treatment, 
storage, application, and disposal facilities 
and equipment. Freatment works prc\i- 
ously permitted will not need to be 
shown, unless the\' are directh' tied into 
the new units or are critical to the under- 
standing of the complete process; 



203 



5:2 



NORTH CAROLINA REGISTER April 16.1990 



PROPOSED RULES 



(F) a complete chemical analysis of the 
typical wastewater or sludge to be treated, 
may include but not limited to Percent 
Total Solids, pH, Total Oreanic Carbon, 
BOD, COD, Chlorides, Sodium, Phos- 
phorus, Sulfides, Bicarbonate, Magne- 
sium, Nitrates, Phenol, Total 
Trihalomethanes, EP Toxicity test pa- 
rameters. Total I lalogenated Compounds, 
Total Coliforms and Total Dissolved Sol- 
ids; 

(G) proposed location and construction 
details of a monitoring well network; 

(H) information on the location, con- 
struction details, and primary usage 
(drinking water, process \\ater, monitor- 
ing, etc.) of all wells within the 500 feet 
of the disposal site. 

(8) I 'or systems for composting sludge for 
land application: 

(A) a map of the site, with topographic 
contour intervals not exceeding 10 feet or 
25 percent of total site relief, whichever is 
less, and showing all facility-related struc- 
tures within the propert> boundary and 
the location of all wells, springs, lakes, 
ponds, or other surface drainage features 
within 500 feet of the principal waste 
treatment disposal site(s); 

(B) complete plans and specifications for 
the entire system, including facilities and 
equipment for treatment, storage and pre- 
paration for disposal; 

(C) for industrial waste, a hydrogeologic 
description of the subsurface, to a depth 
of 20 feet or bedrock, whichever is less. 
The number of borings shall be sufficient 
to define the following for the area un- 
derlying each major soil type at the dis- 
posal site: 

(i) significant changes in hthology under- 
lying the site; 

(ii) the vertical permeability of the un- 
saturated zone and the hydraulic con- 
ducti\ity of the saturated zone; and 

(lii) depth to the mean seasonal high 
water table (if definable from soil mor- 
phology or from evaluation of other 
applicable available data); 

(D) proposed location and construction 
details of a monitoring well network. 

(9) I'or closed system or recycle disposal 
systems and treatment works: 

(A) for industrial waste, a complete chemi- 
cal analysis of the typical wastewater or 
sludge to be discharged, may include but 
not limited to Total Oreanic Carbon, 
BOD, COD, Clilondcs, Phosphorus, Ni- 



trates, Phenol, Total Trihalomethanes, 
IT' Toxicity test parameters. Total Malo- 
genated Compounds, 'I'otal Coliforms and 
lotal Dissolved SoHds; 

(B) plans and specifications of the entire 
system. When necessary for an under- 
standing of a treatment process, the ap- 
plicant should also submit process flow 
diagrams; 

(C) For industrial waste, a hydrogeologic 
description of the subsurface to a depth 
of 20 feet or bedrock, wliichevcr is less. 
The number of borings shall be sufficient 
to define the following for the area un- 
derlying each major soil type at the dis- 
posal site: 

(i) significant changes in hthology under- 
lying the site; 
(ii) the vertical permeability of the un- 
saturated zone and the hydraulic con- 
ductivity of the saturated zone; and 
(iii) depth to the mean seasonal high 
water table (if definable from soil mor- 
phology or from evaluation of other 
applicable available data). 
(10) For RAPID INFIITRAIION SYS- 
TEMS: 

(A) a map of the site, with a horizontal 
scale of one inch equal 1,000 feet or less 
and topographic contour intervals not ex- 
ceeding two feet or 25 percent of the total 
site relief, whichever is less, and showing 
all facihty-related structures within the 
property boundary and the location of all 
wells, springs, lakes, ponds or other sur- 
face drainage features within 500 feet of 
the principal waste treatment, disposal 
site(s); 

(B) hydrogeological information describing 
the vertical and horizontal extent and li- 
thologic character of the unconfincd 
aquifer and its hydraulic relationship to 
the first confmed aquifer beneath the site 
and the vertical penncability and thickness 
of the confming bed. The information 
must also include a determination of the 
transmissivity and specific yield of the 
unconfined aquifer, determined by either 
a withdrawal or recharge test; 

(C) a detennination of the qualit\ and 
movement of groundwater and surface 
water in the area and an e\'aluation ot the 
impact that the proposed system will have 
on water lc\cls. mo\ement and quality of 
waters; 

(D) complete plans and specifications for 
the entire s\stein, includins: treatment 



.■):J 



^ORTH CAROLINA REGISTER April 16,1990 



204 



PROPOSED RULES 



storage and rotary distributor facilities and 
equipment; 

(\\) the information specified in .0205 (d) 
(5) (H) of tfns Section; 

(I'") proposed location and construction de- 
tails of monitoring well network; 

(Ci) proposed monitoring plan including the 
method of determining groundwater levels 
and quality of water parameters and fre- 
quency of sampling. 



Statutory Authorilv G.S. 

1 43-2 1 5.3(a): l43-2l5.3B(b). 



143-21 5.1; 



.0211 ['KKMir RKNEVVALS 

Requests for permit renewals are to be submit- 
ted to the Director 4* monthf . at least 180 days 
prior to expiration unless re\oked in accordance 
with Rule .0213 of this Section. Such requests 
must be submitted with a processing fee »f t+ft4* 
hundr e d dollur - i (^100.00) as shown in Rule 
■020.S(c)(5) of this Section, in the form of a check 
or money order made payable to the N. C. De- 
partment of Natural R e'i ourccs »h4 Community 
DL ' V i jlopnu ' nt l'n\ironment. Health, and Natural 
Resources. All applications are incomplete until 
required processing fees are received, and may be 
returned to the applicant. 1 he processing fee 
shall not apply to any farmer who submits an 
apphcation v\hich pertains to his farming opera- 
tion. 

Statutory Authority G.S. 143-21 5.3(e)( I ). 

SF.CnON .1200 - SPECI.AL OKDKKS 

.1201 PI KPOSE 

The purpose of this Section is to implement the 
provisions of G.S. 14,V215.2 and G.S. 
143-215.1 10 pertaining to the issuance of surface 
water, grt)und water and air quality Special Or- 
ders by the ln\ironmental .Management Com- 
mission. 



Statutory Authorilv G.S. 

l43-2l5.3ia}( 1): 143-2/5. I/O. 



143-215.2: 



.1202 DKIIMHONS 

The tenns used herein shall be as defined in 
G.S. 143-212 and G.S. 143-213. Other tenns 
used in this Section are defined as follows: 
(1) "Special Order" means a directive of the 
Commission to any person whom it finds 
responsible for causing or contributing to 
any pollution of the air or waters of the 
State. The term includes all orders or in- 
struments issued bv the Commission pursu- 
ant to G.S. 143-215.2 or G.S. 143-215.110. 



(2) "Consent Order" or "Special Order by 
Consent" means a type of Special Order 
where the Commission enters into an agree- 
ment with the person responsible for water 
or air pollution to achieve some stipulated 
actions designed to reduce, eliminate, or 
prevent air or water quality degradation. 

(3) "Director" means the Director of the Divi- 
sion of linvironmcntal Management. 

Statutory Authoritv G.S. 143-212: 143-213: 
143-215.2: l43-2l5'.3(a)( I ): 143-215.110. 

.1203 PI BLIC NOTICE 

(a) Notice of proposed Consent Order: 

(1) Public notice of all proposed Consent 
Orders shall be provided in the geograph- 
ical area where the specified activity will 
occur at least 45 days prior to any final 
action by the Commission or the Direc- 
tor. WTiere appropriate, -interstate and 
federal agencies should also be noticed. 

(2) The Director shall prepare the notice of 
the proposed Consent Order and shall 
advertise it at least one time in a newspa- 
per having general ciiculation in the ge- 
ographical area affected. 

(3) The Notice shall include at least the fol- 
lowing: 

(A) name, address, and phone number of 
the agency issuing the public notice; 
. (B) name and address of the person to 
whom the order is directed; 

(C) a brief summary of the proposed con- 
ditions of the agreement; 

(D) a brief description of the procedures to 
be followed by the Commission or Direc- 
tor in reaching a final determination on 
the proposed agreement. Ihis shall in- 
clude explanations of the comment period 
and how interested persons may influence 
or comment on the proposal along with 
procedures to request a public meeting. 
The description shall specify that requests 
for a public meeting and comments are to 
be recei\ed by the Division w ithin 30 days 
following the newspaper publication of 
the public notice; 

(E) a description of the infoimcuion avail- 
able for public re\'iew, where it can be 
found, and procedures for obtaining co- 
pies of pertinent documents. 

(b) Notice of public meetings for proposed 
Consent Order: 

(1) The Director shall consider all rcc|uests for 
a public meeting and if he detemiines that 
there is significant public interest, then he 
will cause such a meetinu to be held. 



205 



5:2 NORTH C.ARO LIN. A REGISTER April 16, 1990 



PROPOSED RULES 



(2) Public meetings shall be noticed by the 
Director at least 30 days prior to the 
meeting. 

(3) I'he Notice shall be advertised in a local 
newspaper and provided to those persons 
specified in G.S. 143-215. 2(al)(2) for wa- 
ter quality special orders and G.S. 
143-215.1 10(al)(2) for air quality special 
orders. 

(4) The Notice shall include the information 
specified in (a)(3)(A), (B), (C) and (I-) of 
this Rule relative to the identification of 
the parties involved, the conditions of the 
proposal, how to obtain additional infor- 
mation and the procedures to be followed 
by the Commission in reaching a final 
determination. It should also provide full 
infonnation regarding the time and lo- 
cation for the meeting along with proce- 
dures for the various methods of 
providing comment. 

(c) Any person may request to receive copies 
of all notices required by this Rule, and the Di- 
rector shall mail copies of notices to those who 
have submitted a request. 

(d) The Director may combine the require- 
ments in Paragraphs (a) and (b) of tliis Rule with 
a combination comment period and public 
meeting notice. 

(e) iVny Special Order by Consent may provide 
that the Director may agree to minor modifica- 
tions, such as interim date extensions, in a con- 
sent order without going back to public notice 
provided that the said modifications may not ex- 
tend final compliance date by more than four 
months. 

(f) The requirements of tliis Rule for public 
notice and public meeting were developed to ap- 
ply to Special Orders by Consent. The Com- 
mission may specify other conditions for Special 
Orders issued without consent. 

Statutory Authority G.S. 143-215.2: 

l43-2l5.3{a)(l): /43-2/5.3(al(3); 

l43-2l5.3(a)(4): 143-215.110. 

.1204 FINAL ACnON ON SI'KCIAL 
ORDERS BY CONSENT 

The Director is authorized to take final action 
for the Commission on Special Orders by Con- 
sent except in those cases where a public meeting 
is held as provided m 15A NCAC 211 .1203. The 
fmal action on the proposed order shall be taken 
no later than 60 days following publication of the 
notice or, if a public meeting is held, within 90 
days following the meeting. 



Statutory Authority G.S. 143-215.2; 

l43-2l5.3(a)(l); l43-2l5.3{a)(4); 143-215.110. 

.1205 ACTION ON SPECIAL ORDERS 
ISSUED WITHOUT CONSENT 

The Commission may issue a proposed Special 
Order without the consent of the person affected. 
1 he Commission shall notify the affected person 
of the procedure set out in G.S. 150B-23 to con- 
test the proposed special order. 

Statutory Authority G.S. 143-21 5.2(b); 
l43-2l5.3(a)(l); 143-2 1 5. 1 10(b). 

SI BCIIAPTER 2L - GKOUNDWAIER 
CL.VSSIKICATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDER.U IONS 

.0109 DELEGATION 

(a) The Director is delegated the authority to 
enter into consent special orders under G.S. 
143-215.2 for \'iolations of the water quality 
standards except when a public meeting is re- 
quired as provided in 1 5/\ NCAC 211 .1203. 

(b) The Director is delegated the authority to 
ir . f . u e prepare a proposed special order to be is- 
sued bv the Commission without the consent of 
the person affected and to notify the affected 
person of that proposed order and of the proce- 
dure set out in Ci.S. 150B-23 to contest the pro- 
posed special order. 

(c) The Director shall give pubhc notice of 
proposed f . pocial ordoni rt«4 consent special or- 
ders as .specified in \5\ NCAC 2H .1203. 



Statutory Authority G.S. 143- 

l43-2l5.3(a)(l); l43-2l5.3(a)(4). 



'15. 



•k-k-k'k-k'k-k-k-k-k-k-k-k-k'k'k-k-k 



lyoticc is hereby gi\-cn in accordance with G.S. 
I50B-I2 that the ' North Carolina Wildlife Re- 
sources Commission intends to amend rulefs) 
cited as 15 A XCAC IOC .0305. 

1 he proposed effecti\-e date of this action is Au- 
gust I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on .May 16. 1990 at Room 386. Archdale 
Building, 512 A'. Salisbuty Street. Raleigh. .\C 
27611. 

C_ ommcnt Procedures: Interested persons may 
present their \■ic^\■s either orally or in writing at the 
hearing. In addition, the record of hearing will 



.■>.-.: 



NORTH CAROLINA REGLSTER April 16, 1990 



206 



PROPOSED RULES 



be open for receipt of written comments from May 
I, 1990 to May 30, 1990. Such written comments 
must be dein'ered or mailed to the S.C. Wildlife 
Resources Commission, 512 A'. Salisbury Street, 
Raleigh, \C 276//. 

CIIAPTK.R 10 - WIl.ni.lFE RHSOl RCES AND 
\\ ATKR SAKK FY 

SI BCIIAl'IKR IOC - IM A\D FISHING 
RKCl lAIIONS 

SECTION .0300 - GAME FISH 

.0.105 OFEN SEASONS: CREEL AND SIZE 
LIMITS 

(b) Fxccptions 
(1) In accordance with the \'irginia-Nortli 
Carolina reciprocal agreement, t4+«^ cri. > ol 
limit i^ L'lght fo+ chain pickerel (jack) i+«4 
oiLtlit fof white bii '.'. m A^ Staunton Ris e r 
e«4 f4' f4+i* mouth e4 Dilfioult Creek. A^ 
Han River ertM- (-4" f4+e IJrantly Steam Pkint 
Ham t+t- nLUT i ille. KeiT t+«4 da '. lim Re '. 
eP i OH '. includin ! -! att tnhutar . water -. King 
m- either N'irginia «*f Noilh Carolina V i hich 
rtfe acce '.'f ible by boat from t-b^ main 
bodioi . e( tbe revei^oir ;. . aft4 tb* Ir . land 
Creek r . ubimpoundment. -bt in the Dan 
River upstream from its conilucncc with 
Bannister Ri\er to the Brantly Steam 
Plant Dam. and in Jol\n H. Kerr, Gaston, 
and Roanoke Rapids Reservoirs, the creel 
limit on striped bass and Morone hybrids 
is four in the aggregate and the niimmum 
size limit is 20 inches. 

Statuton- .luthoritv G.S. 1/3-/34: //3-292: 
113-3nf: 113-30.\ 

TITI 1 21 - 0( CI PATIONAL IICENSPsG 
HOARD 



Co 



No 



' oticc i'i hereby gi\-en in accordance with G.S. 
1 SOB- 12 that the Board of Medical Examiners of 
the Stale of .\orih Carolina intends to adopt 
nileisi cited as 21 \CIC 32.M .0001 - .0012: and 
repeal nileisl cited as 21 .\C.IC 32E .0001 - 
.OOOS. 



date of this action is 



J he proposed effectiw 
September 1. 1990. 

J he public hearing will be conducted at 1:30 
p.m. on .lune 4. 1990 at SC Board of Medical 
Examiners. 1313 .Wnaho Drive. Raleigh. \C 
27609. 



,'Omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. M ritten statements not presented at 
the hearing should be directed before May 21, 
1990. to the following address: \C Board of 
Medical Examiners, .idministrative Procedures, 
PO Box 26.S0S, Raleigh, \.C. 27611-6S0S. 

CIIAI'TER 32 - BOARD OF MEDICAL 
EXAMINERS 

SLBCHAPTER 32E - AIM'RON AL OF 

REGIS! ERED Nl RSE PERFORMING MEDICAL 

ACrS (REPEALED) 

.0001 DEFINITIONS 

.0002 APPI IC.\riON FOR APPRON AL 

.000.1 REQl IREMENIS FOR APPRO\ AL 

.0004 MORAL ( IIARACIER 

.0005 I ERMINAIION OF APPROVAL 

.0006 .\NNLAL .VPPROX AL 

.0007 FEES 

.0008 FORMS 



Statutoiy 
150.4-11. 



iuthority G.S. 90-6; 90-18(14): 



SLBCIIAPTER MM - API'RON AL OF NL RSE 
PRACriTIONERS 

.0001 DEFINITIONS 

The following detlnitions apply to this Sub- 
chapter: 

(1) "Board" means the Board of .Medical Ex- 
aminers of the State of North Carolina to 
whom responsibility is given by G.S. 9(J-6 
to secure compliance with these Rules. 

(2) "Joint Subcommittee" means the subcom- 
mittee composed of members of the Board 
of Nursing and members of the Board of 
Medic;d Examiners to whom responsibility 
is gi\en by G.S. '^0-b and G.S. 
90-171. 23(b)(14i to develop rules to govern 
the performance of medical acts by nurse 
practitioners in North Carolina. 

(3) "Nurse Practitioner or NP" means a regis- 
tered nurse with additional education to 
perform medical acts who functions at the 
direction of or under the supenision of a 
phssician licensed by the Board and who 
perfonns tasks traditionalh pertonned by 
the physician, such as physical examination, 
diagnosis, and treatment. 

(4| "Nurse Practitioner Applicant" means the 
indi\ idual upon whose behalf an application 
for appro\al is submitted who may function 
before approval in accordance with tliis 
Subchapter in the same manner as a student 



207 



5:2 .\ORTH CAROLI.\.A REGISTER .April 16. 1990 



PROPOSED RULES 



under strict supervision as outlined in Rule 
.0002 of this Subchapter. 

(5) "Supervision" means the physician's func- 
tion of overseeing patient case management 
relevant to medical acts performed by the 
NP as outlined in Rule .0009 of this Sub- 
chapter. 

(6) "Primary Supervising Physician" means the 
physician who, by signing the application for 
approval, accepts fuO medical administrative 
responsibihty for the NP s medical activities 
at all times whether he personally is provid- 
ing supervision or supervision is being pro- 
vided by a Back-up Supervising Physician. 
The Primary Supervising Physician shaU as- 
sume total responsibility for the NP's per- 
formance in the particular field or fields in 
which the NP is expected to perform med- 
ical acts. 

(7) "Back-up Supervising Physician" means the 
physician who, by signing the application for 
approval, accepts responsibility to be avail- 
able to supervise the NP's medical activities 
in the absence of the Primary Supervising 
Physician only in the practice sites listed in 
the approved application. 1 he Back-up 
Supervising Physician is responsible for the 
medical activities of the NP onl\ when he is 
providing supervision. 

(8) "I-ormulary" means the document which 
lists generic categories of drugs to be pre- 
scribed, ordered, or dispensed by phvsician 
extenders under written standing orders from 
the supervising physician for patient care in 
approved practice sites. 



Statutory Authorilv G.S. 
QO-18.2. 



90-6; 90-18(14): 



.0002 M RSE FRACTITIONKR APPI.IC.WT 

ST.vris 

The Nurse Practitioner Applicant status may 
be used only by an individual whose application 
for approval as a Nurse Practitioner has been re- 
ceived in the Nursing Board's office. The Nurse 
Practitioner Applicant status may not be used to 
"try out" a job or work temporarily in a job in 
which the individual does not intend to obtain 
approval. In the event the individual leaves the 
job in which he has worked as a Nurse Practi- 
tioner Applicant before approval is granted, the 
individual must submit a written explanation to 
the Board before he may work in the Nurse 
Practitioner Applicant status in another job. 

(1) The Nurse Practitioner Applicant status 
applies to; 
(a) an individual newly graduated from an 
approved NP educational program; or 



(b) an individual coming to North Carolina 
for the first time who has worked previ- 
ously as an NP in another state. 

(2) A Nurse Practitiioner Apphcant described 
in Subparagraph (1) of this Rule, may func- 
tion before approval in accordance with this 
Subchapter under supervision with the fol- 
lowing limitations; 

(a) wear identification as a "Nurse Practi- 
tioner Applicant"; 

(b) have no prescribing privileges; 

(c) have immediate physician countersigning 
of all medical notations in all patient 
charts in all practice locations; 

(d) have no remote practice sites. (The su- 
pervising physician must always be phys- 
ically present in the practice site in which 
the applicant is working.) 

(3) The Nurse Practitioner Applicant status 
does not apply to an individual previously 
approved as an NP in North Carolina in 
another practice situation which has termi- 
nated who is seeking approval in a new job. 
The previously approved NP may function 
prior to approval of the new job as follows; 

(a) wear identification as a "Nurse Practi- 
tioner"; 

(b) use prescribing number previously issued 
by the I3oard for prescribing privileges; 

(c) have physician countersigning of all med- 
ical notations in all patient charts in all 
practice locations within 24 hours of 
NP, patient contact. 

Statutory Authority G.S. 90-18(14). 

.0003 RKQl IKKMKMS FOR NP APPROVAL 

(a) In order to be considered for approval as a 
Nurse Practitioner, an applicant must: 

(1) Be currently licensed as a Registered Nurse 
by the North Carolina Board of Nursing. 

(2) Be of good moral character. 

(3) Provide evidence of successful completion 
of a course of formal education and in- 
struction in the procedures and practices 
the NP will be expected to pcrt'orm, as set 
forth in Rule .0005 of this Subchapter. 

(b) Initial approval may be denied for anv' of 
the reasons set forth in Rule .0007 of this Sub- 
chapter, as well as failure to satisfy the Board of 
Nursing and the Board of Medical Pxaminers of 
the quaUfications of the NP educational program 
from which the applicant graduated as set torth 
in Rule .0005 of this Subchapter. 

Statutory Authority G.S. 90-/8( /4l. 

.0004 APPI IC.VriON I OR NP APPROX AI, 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



208 



PROPOSED RULES 



(a) Application for approval of an NP must 
be made upon the appropriate forms and must 
be submitted jointly by the NP and supervising 
physicians with whom the NP will work. 

(b) Applications, complete in every detail and 
every supporting document required, must be 
submitted to the office of either the Board of 
Nursing or the Board of Medical Examiners 
(mailing instructions with application form) by 
the deadline stated on the application form in 
order that the application may be considered ap- 
propriately. 

(c) Applications for approval of new NP jobs 
are considered by the Joint Subcommittee which 
m:ikcs its recommendations to the Board of 
Medical F-xaminers for final disposition of the 
application. 

(d) If for any reason an NP discontinues 
working under the supervision of the Pnmary 
Supcr\ising Physician under which the NP is 
approved, the Board shall be notified and the 
NP's approval shall automatically terminate until 
such time as a new apphcation is approved in 
accordance with this Subchapter. 

(e) The following applications for approval of 
changes in an NP's practice may be administra- 
tively appro\ed by the Board's stall and reported 
to the Board at each meeting: 

(1) routine job changes of an NP previously 
appro\ed in N.C.; 

(2) additional job under a new primary su- 
pervising physician; 

(3) change of primary supervising physician 
when that is the only change taking place 

. in a currently approved NP practice site; 

(4) addition of back-up supervising physicians 
to a currently approved NP practice site; 

(5) addition of practice sites under the super- 
vision of the currently approved primars' 
supervising physician; 

(6) temporarv' approval for second site on re- 
lief basis not to exceed four months. 

(f) Administrative approval is not automatic for 
the applications listed in this Rule. The changes 
ma> be administrati\ely approved at the dis- 
cretion of the Board's staff. Changes cannot be 
processed administratively but must be consid- 
ered by the Board as follows: if any of the back- 
ground questions are answered "yes" by the NP 
or pnmarv' supervising physician; or if the NP 
or an\' of the supervising physicians Listed have 
an investigative, complaint, or public file. 

Slatuton Aul/wriiy G.S. 90-!Sf/4); 90-IS.2. 

.0005 RKQl IRFMFMS K)R RKCOGMTION 
Ol NP FDITATION Al PROGRAMS 



An NP applicant must provide evidence of suc- 
cessful completion of a course of formal educa- 
tion and instruction which contains a core 
curriculum including four months of didactic ed- 
ucation and four months of preceptorship or su- 
pervised chnical experience. 

(1) The core curriculum shall contain as a mi- 
nimum the following components: 

(a) data collection: 
(i) historical data; 

(ii) physical examination data; 
(iii) organization of data base. 

(b) pharmacology; 

(c) common illnesses: 
(i) pathophysiology; 

(ii) differential diagnosis for the purpose of 
consultation, referral, or management of: 

(A) common diseases of the head and 
neck; 

(B) common respirator^' and pulmonary 
diseases; 

(C) common cardiovascular problems; 

(D) common GI problems; 

(I:) common GL' and GYN problems; 

(F) common infectious diseases; 

(G) common emergencies: 

(H) common neurologic psychiatric 

problems; 
(I) common skin problems; 
(J) common hematological problems; 
(K) common endocrine problems; 
(I,) common musculoskeletal problems. 

(d) health promotion and prevention of dis- 
ease; 

(e) teaching and counseling; 

(f) role realignment and trends. 

(2) Nurse Practitioner Applicants who may be 
exempt from the core curriculum require- 
ments are: 

(a) Any nurse practitioner appro\ed in North 
(Carolina prior to .lanuarv' 18. 1981, is 
permanently exempt from the core curric- 
ulum requirement. 

(b) Any nurse practitioner certified by a na- 
tional organization approved by the Joint 
Subcommittee shall be exempt from the 
core curriculum requirement. 

(c) An applicant, whose formal education 
does not meet all of the stipulations ia this 
Rule, may request consideration by the 
Joint Subcommittee of other education 
and experience. 

Statutiny Authority G.S. QO-IS( 14). 

.0006 I'RKSC RIBINC; I'RIMI KC.KS 

(a) The NP Applicant and supervising physi- 
cians shall acknowledge in the application that 



209 



5:2 NORTH CAROU^A REGISTER April 16, 1990 



PROPOSED RULES 



they are familiar with laws and rules regarding 
prescribing; and shall agree to comply with these 
laws and rules by incorporating the laws and 
rules, including the Formulary, into their written 
standing orders. 

(b) The generic categories listed in the Formu- 
lary are based on the ".Vmerican Hospital For- 
mulary Service" published by the American 
Society of Hospital Pharmacists. The Formulary 
is adopted by reference as a part of this Rule. 
C'hanges in the l^ormularv' arc approved by both 
the Board of Nursing and the Board of Medical 
Examiners. 

(c) The prescribing stipulations contained in 
these Rules and in the lonnular>' apply to writ- 
ing prescriptions, ordering the administration of 
medications in out-patient and in-patient set- 
tings, and dispensing medications. ^Approval to 
dispense must be obtained from the Board of 
Pharmacy. 

(d) Prescribing stipulations are as follows: 

(1) Controlled Substances: 

(A) No controlled substances (Schedules 2, 
2N, 3, 3N, 4, 5) defined by the State and 
Federal Controlled Substances Acts may 
be prescnbed, ordered, or dispensed. 

(B) Verbal orders given to the NP from the 
supervising physician for administration 
of a controlled substance to a specific pa- 
tient may be entered into the patient chart 
by the NP just as an RN may transcribe 
a physician's verbal order into a patient 
chart. 

(2) Parenteral Medications - No parenteral 
preparations may be prescribed, ordered, 
or dispensed unless under the order of the 
supervising ph>sician as set forth in Sub- 
paragraph (3)(B) of this Rule with the 
following exceptions: 

(A) Insulin; 

(B) Immunizations (DPT, MMR, IIIB); 

(C) Tetanus toxoid, D T, or hyperimmune 
serum; 

(D) Fpinepluine; 
(li) Bcnadp.1. 

(3) Excluded Drugs: 

(A) Any pure fonn or combination of the 
generic classes of drugs listed in the For- 
mulary may be prescribed, ordered, or 
dispensed, unless the drug or class of drug 
is excluded by the Fonnulary. 

(B) Drugs excluded by the Formular>-, ex- 
cept controlled substances, may be pre- 
scribed by the NP only upon specific 
written or \erbal orders from the super- 
vising ph)sician for a specific patient gi\en 
before the prescription or order is issued 
by the NP. Such a prescription or order 



must be signed by the NP with a notation 
that it is issued on the specific order of the 
supervising physician. For example: 
Mary Smith, NP, on order of John Doe, 
M.D. 

(4) Refills - A prescription may not indicate 
a refill, unless authorized by the supervis- 
ing physician, with the exception of birth 
control medication which may be issued 
for a period not to exceed one year. 

(5) Dosage I nits - Amount of drug pre- 
scribed, ordered, or dispensed can be no 
more than 100 dosage units or a one 
month supply with the exception of birth 
control medications which may be issued 
for a period not to exceed one year. 

(6) Prescription Notations - lAcry pre- 
scription must be noted on the patient's 
chart. A second prescription for the same 
medication may be authorized by the NP 
by telephone and must be entered on the 
patient's chart and co-signed by the su- 
pervising physician within the specified 
co-signing time contained in the approved 
application. 

(7) Prescnbing Number - A prescribing num- 
ber is assigned by the Board to an NP 
upon approval. 'Fhis number must ap- 
pear on all prescriptions issued by the NP. 
'I'he prescribing number is used as the 
NP's Approval Number. 

(8) Prescription Blank Format - AU pre- 
scriptions issued by an NP should contain 
the name and telephone number of the 
supervising physician; the name, practice 
address, telephone number, and prescrib- 
ing number of the NP, as well as all in- 
formation required by law. A suggested 
prescription foirnat is included in the ap- 
plication packet. 

C-)) Pre-signed Prescription Blanks - The su- 
pervising physician shall not leave pre- 
siimed prescnption forms for use by the 
NT. 

Stalulary Authonly G.S. ')0-IH{l4): 00-/S.2. 

.0007 I KRMINMION Ol M' .M'l'KON .\L 

The approval of an NP shall be terminated by 
the Board when, after due notice and hearing in 
accordance with provisions of Article 3A of G.S. 
150B, the Board shall find: 

(1) that the NP has held himself out or per- 
mitted another to represent him as a licensed 
physician; 

(2) that the NP has engaged in the perionnance 
of medical acts other than at the direction 
of, or under the supenision of. a ph\sician 



.■>;i 



m)RTH CAROLINA REGISTER April 16,1990 



210 



PROPOSED RULES 



licensed by the Board who is approved by 
the Board to be a supervising physician; 

(3) that the \P has performed medical acts for 
which the NP is not approved or for which 
the NP is not qualified by education and 
training to perform, including prescribing, 
ordering, or dispensing drugs not aOowed by 
the lonriulary; 

(4) that the NP is impaired ph\sically, men- 
tally, or professionally as a result of using 
mind-altering chemicals; 

(5) that the NP has been convicted in any court 
of a felony; 

(6) that the NP is adjudicated mentally in- 
competent or that the NP's mental or phys- 
ical condition renders the NP unable to 
safely function as an NP; 

(7) that the NP has failed to comph with any 
of the provisions of this Subchapter. 

Slalutoiy Authority G.S. 90-18(14). 

.0008 MKIIIOD OF IDFNTIKICA TION 

The NP shall wear an appropriate name tag 
spelling out the words "Nurse Practitioner". 

Statutmy Authority G.S. 90-18(14). 

.0009 SI PKKMSION OK M' 

Supervision shall be provided by the responsible 
physician as follows; 

( 1 ) Availability: 

(a) The supervising physician shall be avail- 
able for direct communications by radio, 
telephone, or telecommunications. 

(b) The supervising physician shall be avail- 
able on a regularh' scheduled basis for re- 
ferrals of patients from the NP. 

(c) An NP shall refer a patient to another 
health provider other than an approved 
supervising physician only after consulta- 
tion with the approved supervising physi- 
cian . 

(2) Written Standing Orders: 

(a) The supervismg phvsician shall prcivide in 
each practice location written standing 
orders and drug protocols to cover most 
commonlv encountered problems in the 
practice setting for use by the NP and for 
referral by other personnel in the setting; 

(b) The written standing orders shall include 
a pre-detcnnincd phm for emergency ser- 
V ices. 

(3) Countersigning of Medical .Acts: 

(a) The maximum time interval between the 
NPs contact with the patient and chart 
rev icw and countersigning of medical acts 
bv' the supenising phvsician is five days. 



(b) A longer countersigning time interval may 
be considered by the Joint Subcommittee 
upon specific request. The request should 
explain the practice circumstances which 
necessitate the longer countersigning in- 
terval. 

(c) All medical entries into the patient chart 
by an NP in all approved practice lo- 
cations must be countersigned by the su- 
pervising physician, including progress 
notes; treatment rendered; tests or proce- 
dures ordered; and notations of pre- 
scriptions, orders, or drugs dispensed. 

(4) Supervision Distance: 

(a) If the NP is to perform duties away from 
the supervising physician, the application 
must clearly specify the circumstances 
which would justify this action and the 
supervisory arrangements established to 
protect the patient. 

(b) Details must be submitted descnbmg dis- 
tance, time, topography, physical charac- 
teristics, and communication ability 
between the NP and the supervising phy- 
sician. 

(5) Supervising Phvsicians: 

(a) A physician in a graduate medical educa- 
tion program, whether fully licensed or 
holding only a resident's training license, 
cannot be named as a supervising phvsi- 
cian. 

(b) A physician in a graduate medical educa- 
tion program who is also practicing in a 
non-training situation may supervise an 
NP in the non-training situation if fully 
licensed. 

(c) .\11 physicians who may supervise the NP 
in any manner must be approved in ac- 
cordance with this Subchapter before NP 
supervision occurs. 

(6) The NP must be prepared to demonstrate 
upon request to a member of either the 
Board of Nursing or the Board of .Medical 
Hxaminers, or one of its delegates, the ability 
to perform the medical acts assigned by the 
supenising phvsician. 

Statutoiy Authority G.S. 90-IS(/4). 

.0010 .\NM .\I. RKNFW.M OF NP APPROV.VL 

(a) Nurse Practitioners approved m ,tccorJance 
with this Subchapter shall renew their approval 
annually with the Board on forms supplied bv 
the Board on or before July 1 of each vear. 

(b) hi the event failure to renew approval con- 
tinues for a period of 30 d;iys. the approval of the 
NP may be suspended by the Board after notice 
and hearing in accindance with G.S. 15I1B-3S. 



211 



5:2 



SORTH CAROLINA REdlSTER April 16.1990 



PROPOSED RULES 



Statutory Authority G.S. 90-6; 90-18(14 J. 

.0011 FEES 

(a) An application fee of seventy-five dollars 
($75.00) must be paid at the time of initial ap- 
plication for approval and each subsequent ap- 
plication for employment changes. The 
seventy-five dollar ($75.00) application fee shall 
be disbursed on a prorata basis to the N.C. 
Board of Nursing and the N.C. Board of Medical 
Examiners. 

(b) An application fee of fifty dollars ($50.00) 
must be paid at the time of application for a 
change of primary supervising physician. 

(c) 1 he fee for annual renewal of approval, due 
July 1, is twenty dollars ($20.00). 

(d) No portion of the fees in this Rule is re- 
fundable. 

Statutory Authority G.S. 90-6. 

.0012 NP FORMS 



(a) The following documents regarding nurse 
practitioners may be obtained from the office of 
either the Board of Nursing or the Board of 
Medical Examiners: 

(1) Rules for Approval of Nurse Practitioners, 
Subchapter 32N; 
Formulary; 
North Carolina Laws Regarding Nurse 
Practitioners, G.S. 90-6. 90-18(14) and 
90-18.2; 
Application for NP Approval. 

(b) The following documents are issued by the 
Board of Medical Examiners: 

(1) Statement of Approval, upon being ap- 
proved; 

Application for Annual Renewal of Ap- 
proval, mailed during June to all Nurse 
Practitioners approved by May 1; 

Certificate of Renewal, upon renewing 
approval. 



(2) 
(3) 



(4) 



(2) 



(3) 



Statutory Authority (7.5. 150B-I I. 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



212 



FINAL RULES 



1 he List of Rules Codified is a listing of 
rules that ^^■ere filed la be effective in the 
month indicated. 



iXules filed for publication in the \CAC 
may not be identical to the proposed text 
published previously in the Register. Please 
contact this office if you have any questions. 

/I dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
arc not subject to the provisions ofG.S. I SOB. 
Article 2 requiring publication in the \.C. 
Register of proposed rules. 

LJ pon request from the adopting agency, the 
text of mles will be published in this section. 



Pu 



unctuation, typographical and technical 
changes to ndes are incorporated into the 
List of Rules Codified and are noted as * 
Correction. These changes do not change the 
effecthe date of the nde. 



TITLK 17 - DKPARTMKNT OF REVENUE 
CHAPTER 7 - SALES AND LSE TAX 

SUBCHAPTER 7B - STATE SALES AND LSE 
TAX 

SECTION .Oino - (iENERAL PRO\ ISIONS 

.0101 JMPOSITION OF/LIABIl IT^ EOR 
COLLECTlN(;/REMITTlNG TAX 

(a) .\11 retail sales of tangible personal property 
are subject to the three percent, two percent or 
the one percent sales or use tax unless specificalls 
e.xempt b\' statute, h'tlectivc Januan.' 1, I9S5. the 
gross receipts (.ieri\ed by a utility from sales of 
electricity, piped natural gas or local telecommu- 
nications services are subject to the three percent 
state rate of sales tax. other than receipts from the 
sale of electricity b\" a murucipality whose only 
wholesale supplier of electric power is a federal 
agency and who is required b\ contract with that 
federal agency to make payments in lieu of taxes. 
l'ffecti\'e JanuaPi' 1. 19S9. the gross receipts de- 
ri\'ed from pro\idmg toll or pnvate telecommu- 
nications ser\"ices. as detlned b\' G.S. 105-12tl(a). 
that both onginatc from and terminate in the 
state are subject to a tax at the rate of six and 



one-half percent of such gross receipts. This 
provision does not apply to telephone member- 
ship corporations as described in Chapter 117 of 
the General Statutes. The gross receipts derived 
by a utility from sales of electricity, piped natural 
gas and telecommunications sen.ices are not 
subject to the local sales or use tax. Wholesale 
sales are not subject to the tax if made pursuant 
to the conditions set forth in the statutory defi- 
nition of wholesale sale. Every person making 
retail sales of taxable tangible personal property 
is required to register with the department and 
collect and remit all tax due on such sales. 

Cb] A use tax at the applicable rate is levied on 
taxable tangible personal property purchased or 
received from within or without this state for 
storage, use or consumption in this state. The 
liability for the tax is not extinguished until it is 
fully paid, except that payment of the tax to a 
vendor who charges such tax shall relieve the 
purchaser of further liability with respect to the 
tax so paid. \Miere retail sales or use tax is due 
and has already been paid in another state by the 
purchaser with respect to such tangible personal 
property, such tax may be credited against the 
North Carolina use tax due thereon. If the tax 
paid m another state is less than the North Ca- 
rolina use tax due, the difference must be paid in 
this State. Effective July 1. 1981. no credit shall 
be allowed for sales or use taxes paid in another 
state if that taxing junsdiction does not grant si- 
milar credit for sales taxes paid in North Caro- 
lina. Even.' person outside this state who is 
engaged in business in this state, as hereinafter 
defined, is required to register with the depart- 
ment and collect and remit the tax due on all 
taxable tangible personal property sold or deliv- 
ered for storage, use or consumption in this state. 
Every person who purcliascs from out-of-state 
vendors any taxable tangible personal property 
for storage, use or consumption in this state 
upon which the tax has not been fully paid must 
register with the department and remit the tax 
due on such purchases. A fee is not required for 
registration by a consumer and a license is not 
issued in connection with such registration: 
howescr. all registrants will be furnished report 
fonns to be used in reporting and remitting all 
tax due. 

Histofy .\ote: Statutoty .Authority G.S. 
105-164.4: 1 05- 1 64.5: 105-164.6: 105-262; 
HIT Tebmaiy I. 1^6: 

Amended T.'ff. .May I, IWO: August T I9S6; 
Febnuvy 1.' 19^6: Februaiy S, I9SL 

SECTION .1400 -SALES OF MEDICINES: 
DRLCS .\ND MEDICAL SI I'lM lES 



21 i 



SORTH CAROLINA REGISTER April 16.1990 



FINAL RULES 



.1401 PKKSf KIITIO.N MEDICINES AND 
DKl GS 

Sales of drugs or medicines on written pre- 
scription of a physician or dentist and, effective 
August 1, 1988, insulin whether or not sold on 
prescription, are exempt from sales or use tax. 
For the purpose of this Rule, the term physician 
does not include a doctor of chiropractic. Sales 
of drugs or medicines pursuant to a physician's 
or dentist's telephone (oral) prescription are ex- 
empt from sales or use tax provided the pre- 
scription is reduced to writing, signed by the 
pharmacist and filed in the same manner as an 
original written prescription. The tenns medi- 
cines and drugs shall mean all medicines in the 
generally accepted sense of the term and also in- 
clude tonics for internal use, vitamins, ointments, 
liniments, antiseptics, anaesthetics, serums, and 
other remedies having prc\enti\c and curative 
properties in medical treatment. Medicines or 
drugs sold pursuant to the refilling of a physi- 
cian's or dentist's prescription are likewise ex- 
empt from the tax. Vendors making sales of 
medicines or drugs pursuant to physicians' or 
dentists' prescriptions or in refilling the same 
must keep sales records which will clearly segre- 
gate such prescription sales. All original pre- 
scriptions must be filed and kept available for 
inspection by the secretary or his authorized 
agent. \Vlien a sale is made to refill a pre- 
scription, the seller's records must carry the 
number of the original prescription so refilled in 
order that reference to the original can easily be 
made. 

History Note: Statutory Authority G.S. 
105-164.13: 105-262: 
Eff. Febniary I. 1976: 
Amended Eff. May I. 1990: August /, I9S8. 

SECT ION .1600 - SALES lO OK IJY IIOSIMI ALS: 

EDLCAIIONAI.: CIIARII AHEE OK KEEIGIOLS 

INSrn I TIONS: EIC: AND KEELNDS 

THERE lO 

.1602 REEIJNDS TO INSTITl TIONS: ETC. 

(a) Subject to the terms and conditions herein 
set forth, hospitals not operated for profit, edu- 
cational institutions not operated for profit, 
churches, orphanages, and other charitable or 
religious institutions or organizations not oper- 
ated for profit are entitled to semiannual refunds 
of sales and/or use taxes paid by them in North 
Carolina on their direct purchases of tangible 
personal property used in carrsing on their non- 
profit work, l-'or refund purposes, purchases by 
contractors of building materials, supplies, fix- 
tures and equipment which become a part of or 
are annexed to any building or structure being 
erected, altered or repaired under contract with 



any such institution or organization and which 
are used in carrying on the nonprofit activities of 
such institution or organization are deemed to 
be direct purchases. Prior to January 1, 1984, the 
provisions of this Rule apply to out-of-state in- 
stitutions and organizations only to the extent of 
sales or use tax paid by them in this state on 
tangible personal property purchased for use in 
this state in carrying on charitable, religious or 
educational activities which are not for profit. 
On and after January 1, 1984, the provisions of 
this Rule apply to out-of-state institutions and 
organizations to the extent of sales or use taxes 
paid by them in this state on pmrchases of tangi- 
ble personal property for use in carr>'ing on 
charitable, religious or educational activities 
within or without this state which are not for 
profit. 

(b) In addition to the provisions in (a) of this 
Rule for refunds of sales and/or use taxes paid 
by hospitals not operated for profit, all other 
hospitals not specifically excluded herein are en- 
titled to semiannual refunds of sales and/or use 
taxes paid on and after July 1, 1977, by them on 
medicines and drugs purchased for use in carrv'ing 
out the work of such hospitals. 

(c) Refund claims of the organizations and in- 
stitutions named in Paragraph (a) of this Rule 
must be filed with the North Carolina Depart- 
ment of Revenue covering the first six months 
of the calendar year on or before the 15th day of 
October following the close of the first six 
months period. Refund claims covering the sec- 
ond six months of the calendar year must be filed 
on or before the 15th day of Apnl following the 
close of the second six months period. Refund 
claims filed after the due date shall be subject to 
the following penalties for late filing: 

(1) refund claims filed within 30 days after the 
due date, 25 percent; 

(2) refund claims filed more than 30 days after 
the due date but within six months of the 
due date, 50 percent. 

The amount of the penalties in this Rule shall 
be deducted from the face amount of the refund 
due the claimant. The statute prohibits the pay- 
ment of any refund claim not filed within the 
stipulated time. 

(d) All refund claims must be substantiated by 
proper documentary proof and only the taxes 
actually paid by the claimant during the period 
for which the claim for refund is filed may be in- 
cluded in the claim. Any local one percent, one 
and one-half percent or two percent sales or use 
taxes included in the claim must be separately 
stated in the claim for refund. In cases where 
more than one count) s tax has been paid, a 
breakdown must be attached to the claim show- 
ing the amount of each county's one percent, 



>:2 



NORTH CAROLINA REGISTER April 16,1990 



\14 



ni\AL Rl'I.ES 



one and one-half percent and tuo percent local 
tax separately. 

(c) As to taxes paid on the claimant's purchases 
for use, other than those made by contractors 
performing work for the claimant, invoices or 
copies of in\oices showing the property pur- 
chased, the cost thereof, the date of purchase and 
the amount of state and local sales or use tax paid 
during the refund period will constitute proper 
documentary' proof. 

(f) To substantiate a refund claim for sales or 
use taxes paid on purchases of building materials, 
supplies, fixtures and et]uipment by its contrac- 
tor, the claimant must secure from such contrac- 
tor certified statements setting forth the cost of 
the property purchased from each \cndor and the 
amount of state and local sales or use taxes paid 
thereon. In the e\ent the contractor makes se- 
\eral purchases from the same vendor, such cer- 
tified statement must indicate the iinoicc 
numbers, the inclusnc dates of the invoices, the 
total amount of the iinoiccs and the sales and 
use taxes paid thereon. Such statement must 
also include the cost of an\' tangible personal 
property withdrawn from the contractor's ware- 
house stock and the amount of state and local 
sales or use tax paid thereon by the contractor. 
Similar certified statements by his subcontractors 
must be obtained by the general contractor and 
furnished to the claimant. Any local one percent, 
one and one-half percent or two percent sales or 
use taxes included in the contractor's statements 
must be shown separate])' from the state sales or 
use taxes. T he contractor's statements must not 
contain sales or use taxes paid on purchases of 
tangible persona! property by such contractors 
for use in perfomiing the contract which docs not 
annex to. affix to or in some nianner become a 
part of the building or structure being erected, 
altered or repaired for the institutions and or- 
ganizations named in Par.igTaph (a) of this Rule. 
Examples of proper1\ on which sales or use tax 
has been paid by the contractor and which 
sliould not be included in the contractor s state- 
ment are scaffolding, tonus for concrete, fuel for 
the operation of machinery and equipment, 
tools, equipment repair parts, e(.|Uipnient rentals 
and bluepnnts. 

(g) The refund pro\isions set forth in this Re- 
gulation apply only to institutions and organiza- 
tions described in Faragrajihs (a) and (b) of this 
Rule, but do not apply to nonprofit iratemal, 
ci\ic or patnotie organizations, notwithstanding 
that such organization may perfomi certain 
charitable functions. The refund pro\"isions set 
forth in this Regulation do not appl\ to organ- 
izations, coq'ior.itions and institutions which are 
owned and controlled b\ the I nited States, the 
state or a unit of local go\ emment exceiif hospi- 



tal facilities created under Article 12 of Chapter 
131 of the General Statutes and nonprofit hospi- 
tals owned and controlled by a unit of local gov- 
ernment that elect to recei\'e semiannual refunds 
under G.S. 105-154. 14(b) instead of annua! re- 
funds under G.S. 105-164. 14(c). Any nonprofit 
hospital owned and controlled by a unit of local 
government may submit a written request to rc- 
cci\'e semiannual refunds under Ci.S. 
105-164. 14(b) instead of annual refunds under 
G.S. 105- 164. 14(c). The request is effective be- 
ginning with the six-months refund period fol- 
lowing the date of the request and applies to sales 
or use taxes paid on or after the first day of the 
refund period for which the request is effective. 

(h) The refund provisions of this Regulation 
are not applicable to sales taxes incurred by em- 
ployees on purchases of food, lodging or other 
taxable tra\el expenses paid by employees and 
reimbursed by the type institutions and organ- 
izations named in Paragraph (a) of this Rule. 
Such expenses are personal to the employee since 
the contract for food, shelter and tra\'el is be- 
tween the eniployee and the provider and pay- 
ment of the tax is by the employee indi\'idually 
and personally. Such institutions and organiza- 
tions have not incurred and have not paid any 
sales tax liability. In such cases, it has chosen to 
reimburse a personal expense of the employee. 
1 he refund provisions of this Regulation do not 
apply to sales tax paid by the organizations and 
institutions named in (a) of this Regulation on 
charges by a utility fiir electricity, piped natural 
gas and local, toll or pn\ ate telecommunications 
services; to the occupancy taxes levied and ad- 
ministered by certain counties and cities in this 
state; to the highway use taxes paid on the pur- 
chase, lease or rental of motor vehicles; or to the 
scrap tire disposal fee le\ led on new motor vehi- 
cle tires. Such taxes should not be included in 
any claim for refund filed by such institutions and 
organizations. 

Union- Sole: Statuton .ti/ihoriiv G.S. 
105- 1 M.I 4: 105-262:' I0>2(>4: ' 
Eff. FchriiaiT I. 1076: 

.{'mended F.'ff. .May I. /WO: fcbnuirv I. I'm: 
lebrua/y I. /<)S7: .\/dj /. I0.S5. 

SK HON .I700-S\l KS K) OK in niK SIMh: 

( OlMIKS: CniKS: AM) OIIIKK I'OI I IK Al 

.SI HDIMSION.S 

.1701 (;0\FK\MKMAI SAI KS AM) 
I'l KCIIASKS 

(a) Sales of tangible personal property not 
specifically exempt b\ statute to the State of 
North Carolina, counties, cities, towns, and pol- 
itical subdis'isions or an\ agencies thereof for the 
purpose of use or consumjifion are subject to the 



215 



5:2 iXORTH C.AROLI.X.A REGISTER .4pnl 16, 1990 



FINAL RULES 



sales or use tax, except, effective August 1, 1986, 
sales of tangible personal property, local tele- 
communications services, electricity and piped 
natural gas and the sales tax levied, effective Jan- 
uary 1, 1989, on gross receipts derived from toll 
and private telecommunications services directly 
to the Department of Transportation are exempt 
from sales and use taxes. However, the ex- 
emption does not extend to sales of tangible 
personal property to contractors for use in the 
performance of contracts with the Department 
of Transportation nor to sales of tangible per- 
sonal property to other state agencies, local gov- 
ernments or employees of the Department of 
Transportation. Sales of building materials, 
supplies, fixtures and equipment to contractors 
for use in the performance of contracts with the 
federal government or any above referred to go- 
vernmental units or agencies are also subject to 
the sales or use tax. 

(b) WTien the State of North Carolina, coun- 
ties, cities, towns, and political subdivisions or 
any agencies thereof make taxable purchases of 
tangible personal property from a North Carolina 
supplier or registered out-of-state supplier who 
charges the North Carolina and any applicable 
local sales or use tax thereon, such governmental 
unit or agency must remit the tax on such pur- 
chases to the supplier. Any such govcmmcnt;d 
unit or agency making taxable purchases of tan- 
gible personal property from an out-of-state 
supplier who docs not collect the North Carolina 
and any applicable local sales or use tax thereon 
is required to register with the department and 
remit monthly the tax due on such purchases. 
Any governmental unit or agency so required to 
register which does not owe any tax for a given 
month should file a report reflecting no tax due. 

(c) If any governmental unit or agency referred 
to in Paragraph (b) of this Rule makes taxable 
retail sales of tangible personal property, it must 
register with the department and collect and re- 
mit the tax due on such sales. The refund pro- 
visions contained in G.S. 105-164. 14(c) do not 
apply to the tax on such sales and no part thereof 
shall be refunded or claimed as a refund. Gov- 
ernmental units and agencies properly registered 
for sales and use tax purposes may purchase the 
tangible personal property which they resell 
without paying tax thereon to their suppliers 
provided they have furnished such suppliers with 
properly executed certificates of resale, l"orm \\- 
590. Certificates of resale may not be used by 
any go\emmental unit or agency herein referred 
to. or by any other vendee, in making purchases 
of tangible personal property to be used or con- 
sumed b\' such purchaser. 

Hisloiy Note: Staluloiy Autlwrlty G.S. 



105-164.4: 105-164.6; 105-262; 

I-ff. Fehnuity I, 1976; 

Amended Eff. May I, 1990; February I, 1987; 

January I, 1982. 

.1702 KKF LNDS TO COUNTIKS: CITIES: 
KIC. 

(a) Govemmental entities, as defined by G.S. 
105-164. 14(c), are entitled to an annual refund 
of sales and/or use taxes paid by them on their 
direct purchases of tangible personal property, 
subject to the tcnns and conditions hereafter set 
forth. The refund pro\isions of this Rule are not 
applicable to sales taxes incurred by employees 
on purchases of food, lodgings or other taxable 
travel expenses paid by employees and reim- 
bursed by govemmental entities. Such expenses 
are personal to the employee since the contract 
for food, shelter and travel is between the em- 
ployee and the provider and payment of the tax 
is by the employee individually and personally. 
The governmental entity has not paid any sales 
tax liability. In such cases, it has chosen to re- 
imburse a personal expense to the employee. 
The refund provisions of tliis Rule do not apply 
to sales taxes paid by the organizations and in- 
stitutions named herein on charges by a utility for 
electricity, piped natural gas and local, toll or 
pri\'ate telecommunications ser\'iccs; to the oc- 
cupancy taxes levied and administered by certain 
counties and cities in this state; to the highway 
use taxes paid on the purchase, lease or rental of 
motor vehicles; or to the scrap tire disposal fee 
levied on new motor vehicle tires. Govemmental 
entities and the Federal Government are entitled 
to annual refunds of sales and/or use taxes paid 
in North Carolina by their contractors on pur- 
chases of building materials, supplies, fixtures 
and equipment which become a part of or are 
annexed to any building or structure being 
erected, altered or repaired under contract with 
such governmental entities which is owned or 
leased by such govemmental entities. 

(b) All refund claims must be substantiated by 
proper documentary' proof and only those taxes 
actually paid by the claimant during the fiscal 
year covered by the refund claim may be included 
in the claim. Any local one percent, one and 
one-half percent or two percent sales or use ta.xes 
included in the claim must be separately stated 
in the claim for refund. In cases where more 
than one county's sales and use tax has been 
paid, a breakdown must be attached to the claim 
for refund showing the amount o\ each county's 
one percent, one and one-halt percent and two 
percent local tax separately. 

(c) As to taxes paid b)' go\cmmcntal entities 
on purchases for use, other than those made by 
contractors performing work for the claimant. 



.■);i 



NORTH CAROLINA REGISTER April 16,1990 



216 



FINAL RULES 



inN'oiccs or copies of invoices showing the prop- 
erty purchased, the cost thereof, the date of pur- 
chase, the amount of state and local sales or use 
tax paid thereon and a record reflecting the date 
of payment will constitute proper documentary 
proof 

(d) To substantiate a refund claim for sales or 
use taxes paid on purchases of building materials, 
supplies, fixtures, and equipment by its contrac- 
tor, the claimant must secure from such contrac- 
tor certified statements setting forth the cost of 
the property purchased from each vendor and the 
amount of state and local sales or use taxes paid 
thereon. In the e\ent the contractor makes se- 
veral purchases from the same \cndor, such cer- 
tified statement must indicate the invoice 
numbers, the inclusive dates of the imoices, the 
total amount of the in\-oices, and the state and 
local sales and use taxes paid thereon. Such 
statement must also include the cost of any tan- 
gible personal property withdrawn from the con- 
tractor's warehouse stock and the amount of 
state and local sales or use tax paid thereon by 
the contractor. Similar certified statements by 
his subcontractors must be obtained by the gen- 
eral contractor and furnished to the claimant. 
Any local one percent and one and one-half per- 
cent or two percent sales or use taxes included in 
the contractors' statements must be shown sepa- 
rateh from the state sales or use ta.xes. The 
contractor's statements must not contain sales 
or use taxes paid on purchases of tangible per- 
sonal property purchased by such contractors for 
use in performing the contract which does not 
annex to, affix to or in some maimer become a 
part of the building or structure bcmg erected, 
altered or repaired for the go\eiTimental entities 
as defined by G.S. 105- 164. 14(c). lixamples of 
property on which sales or use tax has been paid 
by the contractor and wliich should not be in- 
cluded in the contractor's statement are scaffold- 
ing, forms for concrete, fuel for the operation of 
machiner\' and equipment, tools, equipment re- 
pair parts and equipment rentals, blueprints, etc. 

Ili.Uory \(>U': Statuton' Aiiihorily G.S. 
I05-If>4.14: / 05- 262:' 
Eff. Februan I. IT6: 

Amended Eff- May I. IWO: Fcbman I, J9S^; 
August I. j'0S6: .V/ar /, /9S5. 

.1704 ()K(;\M/\riONS NOr KKI LM) ABLK 

(a I Community colleges, technical institutes 
and industricd education centers organized under 
Chapter 115 .\-.^ of the General Statutes arc not 
entitled to a refund under the pro\isions of Ci.S. 
105-164.14 since the\ are state supported educa- 
tional institutions. 



(b) Alcoholic beverage control boards, boards 
of education, drainage districts, and housing au- 
thorities are not entitled to a refund of sales and 
use tax under the provisions of G.S. 105-164. 14. 

(c) The North Carolina Civil Air Patrol is cre- 
ated as a state agency by G.S. 14313-490 and its 
purchases for use in conducting its operations are 
subject to the applicable sales and use tax. No 
refund of such tax is pro\ided by statute. 

History \ote: Statutory .lulhoritv G.S. 
105-164.6; 105-164.14; 105-262; 
Eff. Fehnmn' I. 1976; 
.Uncndi'd Eff. May I. 1990; July 5, I9S0. 

SECTION .1800 - IIOSIM I AI.S AM) 
SAM lARIl MS 

.1X02 KKH NDS [O IIOSIMl Al S: ETC. 

(a) Hospitals and sanitariums not operated for 
profit are entitled to semiannual refunds of sales 
and or use ta.xes paid by them on their direct 
purchases of tangible personal property, includ- 
ing medicines and drugs, for use in carrving on 
their work. For the purpose of the refund, sales 
or use taxes paid b> contractors on their pur- 
chases of building materials, supplies, fixtures 
and equipment which become a part of or are 
annexed to a building or staicture being erected, 
altered or repaired under contract with such hos- 
pitals or sanitanums tbr use in carrsing on their 
nonprofit acti\ities are deemed to be ta.xes paid 
on direct purchases. In addition to the abo\e 
provisions for refunds of sales and or use ta.xes 
paid by hospitals and sanitariums not operated 
for profit, all other hospitals not specifically ex- 
cluded herein are entitled to semiannual refunds 
of sales and or use taxes paid on and after .luly 
1. 1977. by them on medicines and drugs pur- 
chased for use in carPi ing out the work of such 
hospitals. 

(b) As to taxes paid on purchases for use other 
than those made by contractors pertbrming work 
for the claimant, iinoiccs or copies of in\oices 
show ing the property purchased, the cost thereof 
the date of purchase and the amount of sales or 
use tax paid thereon dunng the refund period w ill 
constitute proper documentan, proof To sub- 
stantiate a refund claim for sales or use taxes paid 
on purchases of building materials, supplies, fix- 
tures and equipment by its contractor, the 
claimant mu^t secure from such contractor certi- 
fied statements setting forth the cost of the pro- 
perty purchased from each \'endor and the 
amount of sales and use taxes paid thereon. In 
the e\ent the contractor makes se\eral purchases 
from the same \endor. the certified statements 
may indicate the in\oice numbers, the inclusi\'e 
dates of the iiisoices. the total amount of the in- 



217 



5:2 NORTH CAROLISA REGISTER April 16, 1990 



FINAL RULES 



voices and the sales or use taxes paid thereon in 
lieu of an itemized listing of each separate in- 
voice. The statements must also include the cost 
of any tangible personal property withdrawn 
from the contractor's warehouse stock and the 
amount of sales or use tax paid thereon by the 
contractor. Similar certilled statements by his 
subcontractors must be obtained by the general 
contractor and furnished to the claimant. 

(c) Sales and, or use taxes paid by hospitals and 
sanitariums which are agencies of counties and 
incorporated cities and towns on their direct 
purchases of tangible personal property, includ- 
ing medicines and drugs, and by their contractors 
on purchases of building materials, supplies, fix- 
tures and equipment becoming a part of or an- 
nexing to a building or structure being erected, 
altered or repaired under contract with such hos- 
pitals are also refundable; howc\cr, such refund 
must be included in the claim filed by the county 
or incorporated city or town which is to be filed 
within six months after the close of the claimant's 
fiscal year. In such cases, the documentary proof 
as explained in Paragraph (b) of this Rule should 
be submitted to the county or incorporated city 
or town filing the claim. The refund provisions 
are not applicable to hospitals and sanitariums 
which are agencies of the state or any political 
subdivisions thereof other than counties and in- 
corporated cities and towns. Nonprofit hospitals 
owned and controlled by a unit of local go\em- 
ment may file for a refund on a semiannual basis 
under G.S. 105- 164. 14(b) rather than file annu- 
ally as a part of the local government unit. In 
order to file semiannually, the hospital must 
submit a written request to do so to the Secretary 
of Revenue and the request is effective beginning 
with the six-months refund period following the 
date of the request and applies to sales and use 
tax paid on or after the first day of the refund 
period for which the request is effective. 

(d) The refund provisions set forth in Para- 
graphs (a), (b) and (c) of this Rule are not ap- 
plicable to taxes paid by hospitals and 
sanitariums on their taxable sales and no part 
thereof shall be refunded or claimed as a refund. 
Furthennore, the refund pro\isions are not ap- 
plicable to sales tax incurred by employees on 
purchases of food, lodgings or other taxable 
travel expenses paid by einplo\ees and reim- 
bursed by the hospital or sanitarium. Such ex- 
penses are personal to the employee since the 
contract for food, shelter and travel is between 
the cmplo\ce and the provider and payment of 
the tax is by the employee indi\idually and per- 
sonally and such tax shall not be refunded under 
the pro\isions of this Rule. The hospital or 
sanitarium has incurred and paid no sales tax U- 



ability. In such cases, it has chosen to reimburse 
a personal expense of the employee. 

(e) The refund provisions set forth in Para- 
graphs (a), (b) and (c) of this Rule are not ap- 
plicable to sales taxes paid by hospitals and 
sanitariums on charges by a utility for electricity, 
piped natural gas and local, toll or private tele- 
communications services; to the occupancy taxes 
levied and administered by certain counties and 
cities in this state; to the highway use taxes paid 
on the purchase, lease or rental of motor vehicles; 
or to the scrap tire disposal fee levied on new 
motor veliicle tires. Such taxes should not be 
included in any claim for refund filed by such 
institutions and organizations. 

History Note: Statutory Authority G.S. 
J 05-/ 64./ 4; / 05-262; / 05-264; ' 
Eff. February I, /976; 
Amended Eff. May /. /990; Mav /. /0S5; 
January 3, /9S4; January /, /9S2. 

SFXriON .2100 - CO.M.: COKK: I I Kl. OIL: 

0.\^(;F.N: A( KIVI.KNK: inDROGKN: 

I.IQLKKIED PKTROI KIM GAS AM) OIIIER 

COMBUSIIBLES 

.2101 IN GENERAL 

(a) Sales of electricity, piped natural gas, bot- 
tled gas, coal, coke, fuel oil, oxygen, acetylene, 
h\drogen, Uquefied petroleum gas or other com- 
bustibles to users or consumers arc subject to the 
three percent rate of sales or use tax except those 
sales exempt from tax under the provisions of 
G.S. 105-164.13 and those sales wliich are subject 
to the one percent rate of tax or are exempt from 
tax under the provisions of G.S. 105-164.4. The 
gross receipts derived by a utility from sales of 
electricity and piped natural gas are not subject 
to the local sales or use tax. 

(b) Ihe gross receipts derived by a utility from 
sales of piped natural gas are subject to the three 
percent state rate of tax on and after Januar>' 1, 
1985. Ihe tenn "utility," as used in this Rule, 
means piped natural gas companies that are sub- 
ject to a privilege tax based on gross receipts un- 
der G.S. 105-116. The sales tax is to be added 
as a separate item to the charges for piped natural 
gas. Gross receipts upon uhich the tax is due is 
the total amount for which the piped natural gas 
is sold, including any charges for services that go 
into the production or delivery of the gas and 
that are a part of the sale valued in money, 
whether paid in money or otherwise, and in- 
cludes any amount for wliich credit is given to 
the purchaser by the seller without any deduction 
on account of the cost of gas sold, the cost of 
materials used, labcir or service costs, interest 
charged, losses or an\ other expense whatsoever. 

1 herefore, all charges for tangible personal prop- 



5:2 NORTH CAROLIN.A REGISFER Apyil 16, 1990 



2 IS 



FINAL RULES 



crty and services provided in the production and 
dciiverv' of gas to the purchaser are a part of the 
sale of piped natural gas upon which the tax is 
due notwithstanding that some charges may be 
billed separately to the customer for the metered 
scr^'ice. Set forth below are the departmental 
determinations as to the application of tax to 
certain specific transactions by natural gas utility 
companies. 

(1) A utility must report receipts from sales 
of piped natural gas on an accrual basis. 
The sales tax should be separately stated 
on the bill to each customer. A sale by a 
utility of piped natural gas is considered 
to accrue when the utility bills the cus- 
tomer for the sale. The sales tax will be 
due on gross receipts derived from the sale 
of such gas without any deduction there- 
from for any franchise tax which is due. 
Such receipts must be reflected on the 
Franchise and Sales Tax Report, Form 
CD-310, which is to be filed quarterly on 
or before the 30th day following the end 
of the calendar quarter in which the tax 
accrues. 

(2) Ser\icc charges to customers when the 
company first supplies gas under any ap- 
plicable rate schedule are a part of gross 
receipts from sales of gas subject to .sales 
tax. 

(3) The amounts actually charged to cus- 
tomers for piped natural gas consumed for 
the billing period are the amounts on 
which the sales tax is due and is to be 
charged notwithstanding that the custom- 
ers may be under equal pay agreements. 

(4) Charges for reconnecting service to cus- 
tomers after sers'icc has been terminated 
for nonpayment are a part of gross re- 
ceipts from sales of piped natural gas 
subject to sales tax. 

(5) Sales of piped natural gas to manufactur- 
ing industries and plants, commercial 
laundries, farmers and other users for use 
as a fuel are subject to the three percent 
sales tax. Sales of piped natural gas to a 
manufacturer uluch enters into or be- 
comes an ingredient or component part 
of the manufactured product are exempt 
from sales tax. 

(6) Sales of piped natural gas directh" to the 
United States Govenunent or any agency 
thereof are not subject to sales tax. In 
order to be a sale to the Inited States 
Government, the Go\'emmcnt or agenc\" 
in\ol\ed must make the purchase of piped 
natural gas and pay directh to the \endor 
the purchase pncc of such piped natural 
gas. Wliile a utihty's sales directly to the 



United States Government or an agency 
thereof arc exempt from sales tax, a utility 
should obtain a purchase requisition one 
time from each agency for its records. 

(7) Sales of piped natural gas to registered 
utility companies for resale are exempt 
from sales tax when such sales are sup- 
ported bv properlv completed Certificates 
of Resale, Fonn F-590. 

(8) Fnergy audit amounts charged to cus- 
tomers for a comprehensive energy audit 
provided by a utilit\' are not a part of 
gross receipts from sales of piped natural 
gas subject to sales tax. 

(9) Late payment charges billed on a balance 
that was not paid on the precious month's 
bill are not a part of gross receipts of sales 
of piped natural gas subject to sales tax. 

(10) Return check charges for checks recei\ed 
by a utility in payment of an account and 
returned by the bank because of insuffi- 
cient funds are not a part of gross receipts 
from the sale of piped natural gas subject 
to sales tax. 

(11) Accounts of purchasers representing tax- 
able sales on which the sales tax has been 
paid that are found to be worthless and 
actually charged otf for incomes tax pur- 
poses may be corresponding periods be 
deducted from gross sales provided, how- 
ever, they must be added to gross sales if 
afterwards collected. 

(12) Focal sales taxes arc not applicable to 
those receipts from services subject to the 
state sales tax of three percent, but the 
local taxes are applicable to receipts from 
sales and leases of tangible personal prop- 
erty subject to the three percent state rate 
of tax. 

Histon' Sole: Siaiuton' Autlioriiv G.S. 
105- 1 64 A: 105-164-6: 105-164.13: 105-262: 
Eff. February I, 1976: 

Amended Eff. May I. 1990: Au'iust I. I9S6: 
Febmaty /. /9S6:' May I, I9S5'. 

SKC HON .260(1 - I I Alill I r> OF 

CON1K ACrOR.S: I SK I \\ ()\ KQl II'MKN T 

BROL(;ilT IMO SrAlK: Bl II DING 

MAIKKIAI.S 

.2601 ISE T.\.\ ON EQLII'MENT BROLGIIT 
INTO STATE 

(a) A use tax is levied at the apphcable rates 
upon the storage or use of all motor vehicles, 
machines, macluner\'. tools or other equipment 
brouglit, imported or caused to be brought into 
this state for use in constructing, building or re- 
pairing any building, higliway, street, sidewalk, 
bridge, cuhert, sewer or water system, drainage 



219 



5:2 



iWRTH CAROLINA REGISTER April 16.1990 



FINAL RULES 



or dredging system, railway system, reservoir or 
dam, hydraulic or power plant, transmission line, 
tower, dock, wharf, excavation, grading, or other 
improvement or structure, or any part thereof. 
The state rate of tax is three percent and the local 
rate of tax is two percent on all tangible personal 
property unless it is exempt from tax or subject 
to a lesser rate of tax by statute. Prior to October 
1, 1989, the state rate of tax is two percent on 
motor vehicles with a ma.ximum tax of three 
hundred dollars ($300.00) applicable to each ve- 
hicle, ['ffective October 1, 1989, the state rate 
of tax of three percent and the local rate of tax 
of two percent are applicable to motor vehicles 
brought, imported or caused to be imported into 
this state for the use or purposes described in this 
Paragraph and the maximum tax is not applica- 
ble thereto. 

The use in this state of any motor \chiclc, ma- 
chine or machinery previously purchased at retail 
for use in another state and actually placed into 
substantial use in another state before being 
brought, imported or caused to be brought into 
this state by the owner thereof for use in con- 
structing or repairing its own buildings, structures 
or other property, shall not be subject to the tax. 

(b) The tax shall be computed on the basis of 
such proportion of the original purchase price of 
such property as the duration of time of use in 
this state bears to the total useful life thereof. 
For the purposes of this Rule, the word use shall 
mean and include use, storage, consumption and 
stand-by time occasioned by weather conditions, 
controversies or other causes, it being the inten- 
tion of this Rule that the tax shall be computed 
upon the basis of the relative time each item of 
equipment is in this state rather than upon the 
basis of actual use. 

(c) Before any property subject to the use tax 
is brought into this state for use as provided 
above, the owner, or, if the property is leased, the 
lessee shall register with the sales and use tax di- 
vision of the North C'arolina Department of Re- 
venue. After registering, the taxpayer shall file 
monthly reports on forms furnished by the Sec- 
retary of Revenue reporting such property 
brought, imported or caused to be brought into 
this state during the preceding calendar month, 
together with remittance of the amount of tax 
due. Such reports are to be filed on or before the 
1 5th of the month following the month in vvliich 
such property was brought into this state. 
Monthly reports filed pursuant to this Rule shall 
be accompanied by a schedule listing the prop- 
erty included in the report and shov\ing the ori- 
ginal cost price, duration of time of use in this 
state, total useful life, and the taxable amount for 
each item. 



The taxable amount on each item of property 
shall be computed by multiplying the original 
purchase price by the duration of time of use in 
this state and dividing the result by the total 
useful life, expressed in the same units of time as 
the duration of time of use in this state, as fol- 
lows: 



Original purchase price x 

Duration 
of time of use in this 

state 
Total useful life 



Taxable amount 



In the absence of satisfactory evidence as to the 
period of use intended in this state, it will be 
presumed that such property will remain in this 
state for the remainder of its useful hfe, which 
shall be determined in accordance with the expe- 
riences and practices of the building and con- 
struction trades. Any taxpayer who claims a 
greater estimated useful life for a given piece of 
equipment than that suggested by the Bureau of 
Internal Revenue in the then current bulletin F 
for depreciation purposes, or any then current 
bulletin replacing said bulletin I", shall set forth 
his reasons therefor. 

Effective October 1, 1989, a credit is allowed 
against the tax imposed on the use of property in 
this state for any retail sales or use tax due and 
properly paid on the property to another state. 
A similar credit is also allowed against the local 
use taxes imposed in this state for any local retail 
sales or use tax paid on the property to a locality 
in another state. The amount of the credit al- 
lowed is computed by dividing the total useful 
life of the property into the duration of time of 
use in this state, expressed in the same units of 
time as the useful life of the property, and multi- 
pl\ ing the result by the state or local sales or use 
tax paid on the property as follows: 



Duration of 


Sales 


State 


time of use 


or Use 


or 


in state x 


lax 


= Local 


Total Useful 


Paid 


Credit 


Life 







No credit is allowed, however, if the state, or the 
locahty in another state, to wliich a retail sales 
or u.se tax was paid does not allow a similar credit 
or grant an exemption for property brought into 
that state or locality from this state. No credit 
is allowed against the tax imposed on the use of 
property brought, imported or caused to be im- 
ported into this state prior to October 1, l')S9, for 
any retail sales or use tax paid on the property to 
another state or to a locality in another state. 



r-7 



NORTH CAROLINA REGISTER April 16,1990 



220 



FL\AL RULES 



(d) \Micn a taxpayer dctcnnincs that he will 
have no further liability for use tax, he shall so 
ad\ise the department at the time his final 
monthly report is filed. 

(c) Nothing in this Rule shall be so construed 
as to relieve any taxpayer of liability for sales or 
use tax levied on sales or purchases of tangible 
person;d property for use, storage or consump- 
tion in this state under other pro\isions of the 
Sales and Ise Tax Article of the Revenue Act. 
In addition to the use tax as provided in this 
Rule, taxpayers are liable for sales or use tax on 
all other tangible personal property purchased for 
use. storage or consumption in this state. 

History Sole: Statulon' Authoritx G.S. 
/05-/64.6: 105-262: 
Eff. Fchnian I. 1^6: 

Amended Eff. May I, 1900: December I. I9S4; 
JanuMj I. 'I9S2. 

SF.CTION .3000 - .\RTICLKS T.VKEN IN TR.VDE: 

TR AOF-INS: REPOSSESSIONS: RETLRNED 

MERCHANDISE: I SED OR SECONDHAND 

MERCHANDISE 

.3001 TR.\DE-1NS 

Wlicn an item of tangible personal property is 
taken in trade as a credit or part payment on the 
sale of a new article, the sales or use tax must be 
computed and paid on the fuU gross sales price 
of the new article without any deduction what- 
c\cr on account of any trade-in credit or allow- 
ance. The sale of the used article by the vendor 
who accepted same in trade will then be e.xempt 
from sales or use tax. The term "new article" 
shall be taken to mean the original stock in trade 
of the merchant and shaU not be limited to newly 
manufactured articles. See Regulation 17 NCAC 
7B .461)1 for infonnation in regard to the appli- 
cation of sales or use taxes to retail sales of motor 
vehicles taken in trade or repossessed b\' the 
\ eiidor. 

lliston Sole: Siatuto/T Auihoriiy G.S. 
105-164.4: 105-164.13: 105-262: 
Eff. FebruaiT /. /9^6: 
Amended Eff May I. 1990: Januaiy 3. I9S4. 

.3002 REPOSSESSIONS 

Retailers shall not deduct from thetr gross taxa- 
ble sales the unpaid amounts on repossessed 
merchandise. Howe\er, where a retaUer repos- 
sesses an ;unicle of tangible personal property 
pursuant to either a Imuted or full recourse en- 
dorsement by such retailer to a financing institu- 
tion and he rescUs such tangible personal 
property to reco\er the unpaid sales price, such 
resale is not subject to sales lax pro\ ided the sales 
tax was paid on the gross sales price of the initi;d 



sale. Otherwise, the sale of any repossessed arti- 
cle is subject to sales or use tax. The full gross 
sales price of any used article taken in trade by 
the vendor as a credit or part payment of the sa- 
les price of such nontaxable repossessed article is 
subject to sales or use tax when sold at retail. 

History .\ote: Staiutoiy Authority G.S. 
105-164.13: 105-262:' 
Eff. February E /9^6: 
Amended Eff May /, 1990; January 3. I9S4. 

.3007 REPAIR PARIS FOR EXEMPl 
PROPERIA 

History Sote: Statutory .iulhnrity G.S. 
105-164.4: 105-164.6: 105-262: ' 
Eff FebnuuT L 19^6: 
Repealed Eff. May f 1990. 

SECIION .4000 - FKR ni.I/ER: SEEDS: FEED 
AND INSECTICIDES 

.4003 FEED 

Sales of remedies, vaccines, medications, litter 
materials ;ind feed for li\estock and poultr\', in- 
cluding cattle, horses, mules, sheep, chickens, 
turkeys, and other domestic animals usually 
found on a farm ;md sales of remedies, \ accines, 
medications or feed for animals, bees, or poultr>' 
held or produced for commercial purposes are 
e.xempt from sales or use tax. The terms "reme- 
dies" and "medications" shall mean all medicines 
in the generally accepted sense of the term and 
also includes tonics for internal use, \itamins, 
ointments, liniments, antiseptics, anaesthetics 
and other medicinal substances ha\ ing pre%enti\"e 
and curati\e properties in the pre\ention. treat- 
ment or cure of disease in anim;ds. The term 
"feed" includes dictar\' supplements, such as 
minerals, oyster shells, salt, bone meal, and other 
similar preparations or compounds to be fed di- 
rectl\ or to be mi.xed with feed for livestock or 
poultPv' for nonnal growth, maintenance, lacta- 
tion, or reproduction, but does not include sand 
or grit. Retail sales of sand or grit for use in the 
production of li\estock or poultr\' are subject to 
the three percent state rate of tax. Retail sales 
of remedies, \accines. medications, litter materi- 
als and feed for pets, such as birds, cats and dogs, 
arc subject to the three percent state rate of tax. 

History Sote: Statutory .tuthority G.S. 
105-164.4: 105-164.13: 105-262: 
Eff Febniary /, 1 9-^6: 
.-[mended Eff May I. 1990: May II. I9''9. 

SI BCIIAPTER 7C - I OCAI GOXERNMENT: 

MECKI ENBl RG COl NT^: SI PPI EMENT AE 

LOCAE GO\ ERNMENT .\ND ADDIIION.VL 



221 



5:2 SORTH CAROLISA RECISTER April 16. 1990 



FINAL RULES 



SUPPLRMEM AL LOCAL (iOVEKNMLNT 
SALES AND LSE TAX ACTS 

SECTION .0100 - LOCAL GOVERNMENT 
SALES AND USE TAXES 

.0103 SALES TAX IMPOSED 

(a) Every retailer whose place of business is 
located in a county which has levied the Meck- 
lenburg County or the local government sales 
and use tax. and the supplemental local govern- 
ment and the additional supplemental local gov- 
ernment sales and use tax is required to collect 
and remit to the North Carolina Secretary of 
Revenue the county sales tax at the rate of two 
percent on: 

(1) the sales price of those articles of tangible 
personal property now subject to the three 
percent sales tax imposed bv the state un- 
der G.S. 105- 164.4(a)(1) and (4b) but not 
on sales of electricity, piped natural gas 
or local telecommunications services taxed 
under G.S. 105-164.4(a)(4a), and toU or 
private telecommunications services taxed 
under G.S. 105-I64.4(a)(4c); 

(2) the gross receipts derived from the lease 
or rental of tangible personal property 
when the lease or rental of the property is 
subject to the three percent sales tax im- 
posed by the state under G.S. 
105- 164.4(a)(2); 

(3) the gross receipts derived from the rental 
of any room or lodging furnished by any 
hotel, motel, inn, tourist camp or other 
similar accommodations now subject to 
the three percent sales tax imposed by the 
state under G.S. 105- 164.4(a)(3); and 

(4) the gross receipts derived from ser\'ices 
rendered by laundries, dry cleaners, clean- 
ing plants and sinrLlar type businesses now 
subject to the three percent sales tax im- 
posed by the state under G.S. 
105- 164.4(a)(4). 

(b) All retailers making taxable sales from a 
place of business located witliin a taxing county 
must collect and remit the two percent local sales 
tax of the county in which the retailer's place of 
business is located. I:ffectivc March 1, 1988, for 
local sales tax purposes, the situs of a sale is the 
retailer's place of business located witliin a taxing 
county where the retailer becomes contractually 
obligated to make the sale. Ihe tenn "place of 
business located within a taxing county" shall 
mean stores, warehouses, sales offices, sales out- 
lets, inventories, and other places within a taxing 
county where tangible personal property is 
maintained for sale, lease, or rental at retail, and 
it shall include inventories of goods carried on 
foot or in veliiclcs for sale to customers in a tax- 
ing county. It shall also include laundries, dry 



cleaning plants, or similar businesses and hotels, 
motels, or similar facilities in a taxing county. 
Taxable tangible personal property sold at a bu- 
siness location in a taxing county and delivered 
by retailers, their agents, the U.S. Mail, or by 
common carrier to the purchaser in that county 
or in any county in this state is subject to the 
sales tax of the county in which the retailer's 
place of business is located at which such retailer 
becomes contractually obligated to make the sale. 

History Note: Statutory Authority G.S. 
105-262; 105-467; 
Eff. February I, 1976; 
Amended Eff. May I, 1990; July I. 1989; 
December I, I9S8; August I, 1988. 

TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OK MOTOR 
VEHICLES 

SI BCHAPTER 3J - RLLES AND REGULATIONS 

GOVERNING THE LICENSING OK 

COMMERCIAL TRLCK DRIVER 1 RAINING 

SCHOOLS AND INSTRUCTIONS 

SECTION .0300 - SCHOOL LOCATION: 

PHYSICAL KACILITIES: AND COURSES OK 

INSIRUCIION 

.0.106 COURSE OK INSTRUCTION 

For licensed persons above the age of 18 for 
purposes of driving commercial trucks, a course 
consisting of the following is required: 

( 1) Minimum hours of instruction: 

(a) classroom instruction, 

including testing 50 hours 

(b) field instruction 50 hours 

(c) highway behind-the- 

wheel training 20 hours 

(d) obser\'ation (highway 
belrind-thc-whecl) 40 hours 

Total - 160 hours 
The hours of instruction may be expressed in 
credit hours pro\ided the school is accredited by 
an accrediting agency recognized by the United 
States Department of Education and the conver- 
sion ratio of that accrediting agency is properly 
used. 

(2) Content of classroom and behind-the-wheel 
instruction: 

(a) laws relating to interstate and intrastate 
operations; 

(b) pre-trip inspection; 

(c) coupling and uncoupling of combination 
units, if the equipment to be driven in- 
cludes such units; 

(d) placing the vehicle in operation; 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



111 



FISAL RULES 



(c) use of the vehicle's controls and emergency 
equipment; 

(f) operation in mner-city and interstate high- 

way traffic and passing; 

(g) turning the vehicle; 

(h) brakmg and slowing the vehicle by means 
other than apphing the brakes; 

(i) backing and parking the vehicle; 

(j) experience operating vehicles with a mini- 
mum gross veliicle weight of 49,000 
pounds; and 

(k) completing Dri\er'5 Daily Log books. 

(3) Other requirements: 

(a) the 160 hours of instructions required by 
these rules shall be completed in no less 
than four calendar weeks; 

(b) three hours of the 20 hours of behind- 
the-wheel highway training must be com- 
pleted by each student between dusk and 
dawn: 

(c) one vehicle must be provided for each 
three students during liighway training; 
provided, four students per vehicle are 
permitted if the vehicle has been inspected 
and approved for such use by the Divi- 
sion. No more than four students per 
\'ehicle and no more than four vehicles per 
instructor will be allowed for field train- 
ing: and 

(d) a Driver's Dail\ I og must be kept for each 
student to reflect the 160 hours of in- 
struction. 

(4) Credit for prior mstruction or training given 
b\' another agency or school may be granted. 
Such credit ma\- be granted by the school to 
\\ hich the candidate is applying if the prior 
instruction or trauiing is substanti;illy 
equivalent to the corresponding part or parts 
of the course required by North Carolina 
law and these rules and Regulations and if 
such credit is confirmed and authorized as 
equivalent bv the Driver's License Section 
of the Division. 

History Sole: Slatuloty Authorilv G.S. 
20-320 through 20-32S: 
HIT. Mar J. I9S7; 
Amended Eff. May I, 1990. 

.0307 STl nKM RKQl IKKMKMS 

(ai Students above IS \ears oi age but less than 
21 years of age must be infonned by the ov\ner(s) 
or oflicers of the school of the age restrictions 
and limitations established by the Inited States 
Department of I'ransportation and the Motor 
Carrier Safctv Init of the Division of .Motor 
\'ehicles. 



(b) Students must have passed the United 
States Department of Transportation physical 
examination. 

(c) No student shall operate a truck or trac- 
tor-trailer combination upon any public street or 
highway unless such student shall have in his 
immediate possession a valid license or learner's 
permit of the class or type required by Chapter 
20 and his U.S.D.O.T. physical pocket card. 

History Xote: Statutory Authority G.S. 
20-320 through 20-328; 
Eff. Mav I. I9S7: 
Amended Eff May I, 1990. 

s^:cTlo^ .0400 - motor nkiiicles lskd in 

INSIRLCnON 

.0401 \ KHICLE KQl IPMF.NT 

Behind-the-wheel instruction of students in 
commercial truck driver training schools shall be 
conducted in motor vehicles owned or leased by 
the school. .-VU vehicles used for the purpose of 
demonstration and practice shaU: 

(1) \'ehicles used for field instruction must be 
equipped with: 

(a) seatbelts as required by Lederal and State 
law; 

(b) an outside rearview mirror mounted on 
the right side of the vehicle; 

(c) a heater, defroster, turn signals and brake- 
lights; and 

(d) all other equipment required by Chapter 
20 of the North Carolina General Statutes 
except that a working speedometer is not 
required, and the tire tread depth require- 
ment mav be met by using recapped tires 
so long as no cord or fabric is showing. 

(2) Bear conspicuously displayed signs with the 
words ''Student Dri\er" in letters not less 
than six inches in height on both the front 
and rear of the vehicle and also bear con- 
spicuously displayed signs with the name 
and location of the school in letters not less 
than one and one-half inches in height on 
both sides of the power unit and on the back 
of the trailer. 

(3) No school equipment shall be used to 
transport property or persons for compen- 
sation, other than a properly enrolled stu- 
dent. 

(4) No school equipment shall be operated in 
another state unless the instructor, student, 
and equipment are properly licensed to op- 
erate in that state. 

Hi'^toty Sole: Stalutoiy .-iulhoriiy G.S. 
20-320 through 20-328; 
Eff. May I. )98'': 



223 



:):2 



NORTH CAROLI.XA REGISTER April 16,1990 



FINAL RULES 



Amended Eff. May I, 1990. 

SECTION .0500 - REQUIREMENTS AND 

APPLICATIONS FOR DRIVER TRAINING 

INSTRUCTOR 

.0501 REQUIREMENTS 

(a) A Class I instructor is one entitled to con- 
duct truck driver training in the classroom, on the 
field and on the road. Each Class I instructor 
shall: 

(1) Be of good moral character. 

(2) Be at least 21 years of age, have at least 
two years experience operating a Class A 
vehicle and hold a valid Class A license; 
provided, on and after April 1, 1992 each 
instructor must hold a vaUd Class A 
commercial license from his state of resi- 
dence. 

(3) Not have been convicted of a felony or 
convicted of a misdemeanor involving 
moral turpitude in the ten years imme- 
diately preceding the date of application. 

(4) Not have had a revocation or suspension 
of his driver's license in the two years im- 
mediately preceding the date of applica- 
tion. 

(5) Have graduated from high school or hold 
a high school equivalency certificate. 

(6) Not have had convictions for moving vi- 
olations totaling seven or more points in 
the year preceding the date of application. 

(7) Have evidence of United States Depart- 
ment of Transportation certification and 
qualify by experience or training, or both, 
to instruct students in the safe operation 
of truck-tractor-trailer combination units. 

(b) A Class II instructor is one entitled to 
conduct truck driver training in the classroom 
and on the field onlv. Each Class II instructor 
shall: 

(1) Be of good moral character. 

(2) Not have been convicted of a felony or 
convicted of a misdemeanor involving 
moral turpitude in the ten years imme- 
diately preceding the date of application. 

(3) Not have had a revocation or suspension 
of his driver's license in the two years im- 
mediately preceding the date of applica- 
tion. 

(4) Have graduated from high school or hold 
a high school equivalency certificate. 

(5) Qualify by experience or training, or both, 
to instruct students in the safe operation 
of truck-tractor-trailcr combination units. 

(c) A Class I or II instructor-trainee is one en- 
titled to assist a licensed Class 1 or II instructor 
while his instructor's license application is pend- 
ing at the Division. The Division must be noti- 



fied in writing within five days of the date the 
trainee is hired. An instructor-trainee of either 
class: 

(1) may work in that capacity for only 30 days 
from the date he is hired; 

(2) may instruct in the classroom and on the 
field only with a licensed instructor pres- 
ent at all times; 

(3) may not instruct or accompany students 
on the road until licensed; and 

(4) must wear an identification badge which 
clearly identifies the individual as an in- 
structor-trainee. 

History Note: Statutory Authority G.S. 
20-320 through 20-328; 
Eff. May 1. 1987; 
Amended Eff May I. 1990. 

.0508 LICENSE REQUIRED 

No person shall act as an instructor without the 
proper license as set forth in these Regulations; 
provided, up to 24 hours of classroom instruction 
in a minimum 320 hour course and up to 12 
hours of classroom instruction in a minimum 160 
hour course may be provided by an unlicensed 
instructor if the subject matter and lesson plan 
have been given prior approval by the Division. 

History Note: Statutorv Authority G.S. 20-323; 
Eff May I, 1987; 
Amended Eff May I, 1990. 

SECTION .0600 - CONTRACTS 

.0601 REQUIREMENTS 

Commercial truck driver training school con- 
tracts shall contain, but are not limited to, the 
following information: 

(1) The agreed total contract charges and full 
terms of payment thereof. 

(2) The number, nature, time, and extent of 
lessons contracted for, including: 

(a) minimum hours of Instruction: 
(i) classroom instruction, 

including testing 50 hours 

(ii) field instruction 50 hours 

(iii) highway behind-the- 

wheel training 20 hours 

(iv) observation (highway 

behind-the- wheel) 40 hours 

total 160 hours 

The hours of instruction may be expres.scd in 
credit hours provided by the school is accredited 
by an accrediting agency recognized by the 
United States Department of F.ducation and the 
conversion ratio of that accrediting agency is 
properly used. 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



224 



FINAL RULES 



(b) rate for use of school vehicle for a driver's 
hcense road test, if an extra charge is 
made. 

(3) A statement which reads substantially as 
follows: "This agreement constitutes the en- 
tire contract between the school and the 
student, and any verbal assurances or 
promises not contained herein shall bind 
neither the school nor the student." 

(4) A statement which reads as follows: "This 
school is licensed by the State of North Ca- 
roUna, Division of Motor Vehicles." 



(5) A statement which reads as follows: "If you, 
as a student, are unable to settle a dispute 
with the school, please direct your griev- 
ances to the North Carolina Division of 
Motor Vehicles, Enforcement Section, 1 100 
New Bern Avenue, Raleigh, North Carolina 
27697-0001." 

History Note: Statutory Authority G.S. 
20-320 through 20-32S; 
Eff. May I, 1987; 
Amended Eff. Mav I, 1990. 



225 



5:2 NORTH CWROLIN.A REGISTER .\piil 16, 1990 



FINAL RULES 



1 he List of Rules Codified is a listing of ndes that were filed to be effective in the month indicated. 

l\ulcs filed for publication in the iXCAC may not be identical to the proposed text published pre- 
yiouslv in the Register. Please contact this office if you have any questions. 

/l dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. I50B, Article 2 requiring 
publication in the A'.C. Register of proposed ndes. 

LJ pon request from the adopting agency, the text of rules will be published in this section. 

lunctuation. typographical and technical changes to ndes are incorporated into jhc List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the nde. 



NORTH CAROLINA ADMINLSTRATIVE CODE 

LIST OF Rl LES CODIFIED 

APRIL 1990 



AGENCY 

DFPARTMKNT OF COMMFRCK 



4 NCAC 7 


.0501 
.0507 




12C 


.0007 




16A 


.0100- 


.0400 


I6D 


.0100 




161 


.0700 






.0900 - 


.1000 


18 


.0203 
.0303 
.0303 




19L 


.0103 
.0401 






.0403 - 


.0404 




.0407 






.0907 






.1302 - 


. 1 303 


OFI' AR TMFNT OF CORRFC 


TIO\ 





AC LION TAKEN 



Amended 
Amended 
Temp. Amended 
Expires 08-27-90 

* Correction 

* Correction 

* Correction 

* Correction 
Adopted 
/Vmended 
Temp. Amended 
Expires 07-24-90 
Amended 
Amended 
Amended 
/Vmended 
Amended 
Amended 



5 NCAC 2H .0106 Adopted 

OFFICFS (^F THF GONFRNOR WD MEIIEN ANT CO\FR\OR 

9 NCAC 2B Executive Order Number 106 

ttl rebmary 22, 1990 



5:2 NORTH C.AROLIN.A REGISTER April 16, 1990 



226 



FINAL RULES 



OFI'AKIMFNT OF HIMAN RESOrRCKS 



10 



NCAC 



lOA .0444 




14A .0101 - 


0103 


.0201 - 


0202 


.0301 - 


0304 


.0401 - 


0403 


.0501 - 


0504 


.0601 - 


0604 


.0701 - 


0704 


.0801 - 


0804 


.0901 - 


0910 


.1001 - 


1002 


.1101 - 


1102 


14B .0101 - 


0102 


.0104 




.0106 




.0301 - 


0304 


.0305 




.0401 - 


0402 


.0405 




.0503 - 


0506 


.0508 




14C .0102- 


0106 


.0109 




.0322 




.0324 




.0325 - 


0326 


.0704 




.0705 - 


0706 


.0709 




.0711 - 


0713 


.0715- 


0716 


.0801 




.0807 




.0901 - 


0902 


.1005- 


1006 


.1012- 


1014 


.1101 




.1103- 


1105 


.1107 




.1110- 


1111 


.1115- 


1121 


.1123 




.1126- 


1131 


.1134- 


1136 


.1138 




.1140 - 


1141 


.1144- 


1146 


.1402- 


1404 


14D .0006 




141 .0603 




14G .0101 - 


0102 


.0202 




.0204 




.0208 




.0210 




.0301 





* Correction 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Repealed 

/Vmended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Amended 

Amended 

/Vmended 

Amended 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

.Amended 

Amended 

Amended 

.Amended 

Amended 

Amended 

.Amended 

/Vmended 

Amended 

Amended 

Amended 

Amended 

.'Vmended 

Amended 

.Amended 

/Vmended 

.'Vmended 

.Vmended 



ij; 



5:2 NORTH CAROLINA REGISTER April 16, 1990 



FINAL RULES 



•0303 Amended 

•0305 Amended 

14H .0203 -.0205 Amended 

•0208 Amended 

•0402 Amended 

141 .0105 Amended 

•0201 - .0203 Amended 

•0301 Amended 

•0307 -.03 10 Amended 

14J .0101 - .0103 Amended 

•0105 Amended 

•0107 Amended 

•0204 Amended 

•0206 Amended 

.0301 - .0302 /Vmended 

.0402 - .0404 Amended 

14K .0101 Amended 

•0103 Amended 

•0203 Amended 

• 0209 Amended 

•02 1 6 -.02 17 Amended 

•0303 Amended 

•0306 Amended 

•0311 -.0320 Amended 

•0324 - .0325 Amended 

•0334 Amended 

•0342 Amended 

•0344 Amended 

•0348 Amended 

0351 Amended 

.0353 - .0355 Amended 

•0362 Amended 

.0403 - .0404 Amended 

•0407 Amended 

14L .0105 Amended 

•0201 Amended 

•0301 Amended 

•0304 Amended 

•0309 Amended 

.0407 Amended 

.0503 - .0505 Amended 

.0601 - .0608 Amended 

•06 10 -.06 11 Amended 

•0613 Amended 

■0701 /Vmended 

•0704 - .0705 Amended 

•0708 Amended 

•0710 Amended 

14M .0101 Amended 

•0103 /Vmended 

•0107 Amended 

0110 Amended 

.01 12 -.0113 Amended 

.02(14 Amended 

.0303 Amended 

.0403 - .0405 Amended 

.0410 Amended 

.0508 Amended 

.0701 /Vmended 



5:2 NORTH CAROLINA REGISTER April 16, 1990 22S 



FISAL RULES 



.0704 - .0706 


Amended 


.0709 - .0712 


Amended 


.0714 


Amended 


.0716 


j-Vmendcd 


14N .0101 


Amended 


.0103 


Amended 


.0107 


Amended 


.0201 


Amended 


.0307 


Amended 


.0406 


Amended 


.0501 


.^mended 


.0506 


Amended 


.0701 


Amended 


.0809 


Amended 


140 .0103- .0104 


Amended 


.0106 - .0108 


Amended 


.0203 - .0205 


Amended 


.0209 - .0210 


Amended 


.0303 - .0305 


Amended 


.0307 - .0310 


Amended 


.0313 


/Vmended 


.0404 


Amended 


.0407- .0411 


Amended 


.0414 - .0415 


/Vmended 


.0504 


Amended 


.0601 


Amended 


.0606 - .0607 


.-\mended 


.0609 


.-Vmended 


.0613 


.Amended 


.0619 


Amended 


ISK .0262 - .0263 


Amended 


180 .0520 


Amended 




Eff. 03-01-90 


.0523 - .0524 


Amended 




Eff. 03-01-90 


18Q .0711 


Amended 




Eff. 03-01-90 


19A .0101 - .0102 


Repealed 


.0201 - .0202 


Repealed 


.0301 - .0305 


Repealed 


.0401 


Repealed 


.0501 - .0505 


Repealed 


19B .0104 


Amended 


.0106 


.-Vmended 


.0108 


rVmended 


19C .0305 


.Amended 


.0309 


.AxnenJed 


.0506 


Amended 


.0601 


/Vmended 


.0608 


Amended 


.0'?01 


Amended 


.0703 


Amended 


19D .0102- .0103 


Amended 


.0201 


Amended 


19E .0101 


.Amended 


.0105 


Amended 


.0404 


Amended 


.0406 - .0407 


Amended 


.0410 


.Amended 



229 5:2 NORTH CAROLI\A REGISTER April 16, 1990 



FINAL RULES 



.0412 Amended 

.0503 Amended 

.0505 Amended 

.0603 Amended 

.0703 - .0705 Amended 

.0801 Amended 

.0803 Amended 

.0805 Amended 

.0807 -.08 16 Repealed 

19F .0402 Amended 

.0601 Amended 

19G .0113 Amended 

.0402 Amended 

.0501 - .0503 /Vmended 

.0605 • Amended 

19H .0102 - .01-03 Amended 

.0203 Amended 

- .0206 • Amended 

.0301 Amended 

.0308 Amended 

.0403 Amended 

20A .0101 Amended 

20B .0104- .0106 Amended 

.0108 Amended 

20F .0101 Repealed 

.0102 Amended 

.0105 Amended 

.0201 Repealed 

.0202 Amended 

.0302 - .0305 Amended 

.0401 Repealed 

.0402 - .0406 Amended 

.0409 - .0410 Amended 

.0413 -.0417 Amended 

.0418 Repealed 

22E .0303 - .0304 Amended 

22G .0208 Amended 

.0304 - .0305 Amended 

.0310 Amended 

.0313 Amended 

.0316 Amended 

.0504 - .0505 Amended 

221 1 .0202 Amended 

.0303 Amended 

.0402 Amended 

.0502 Amended 

23 A .0101 Repealed 

.0104 Repealed 

.0201 - .0203 Repealed 

.0301 - .0302 /\mended 

.0403 Repealed 

.0504 Amended 

23B .0102 Amended 

.0103 -.0105 Repealed 

.0201 - .0203 Repealed 

.0301 - .0303 Repealed 

.0404 Amended 

.0405 Repealed 

.0406 - .0408 /\mended 



5:2 NORTH CAROLINA REGISTER April 16, 1990 230 



FINAL RULES 



23C .0001 - .0009 ^Vmcndcd 

26B .0120 Adopted 



Eff. 03-01-90 



DKPARIMKNT OF INSIRANCF. 



11 NC.AC 8 .0905 Amended 

14 .0201 - .0202 Amended 
.0204 - .0209 Repealed 
.0409 .-Vmended 
.0411 - .0412 Repealed 
.0413 - .0414 /Vmended 
.04 15 -.0431 Adopted 
.0501 - .0506 Adopted 
.0601 - .0605 Adopted 
.0701 - .0705 'Adopted 

DKI'AKIMKM Ol KWIRONMKNT. UK Al TH, WD \ ATI KM RFSOl RCKS 

15A NCAC 3B .0105 /Vmended 

5.A .0101 Amended 

.0202 ■ /Vmended 

5B .0003 - .0004 rVmended 

5C .0001 .Amended 

.0003 - .0004 /Vmended 

IOC .0106 ^Vmended 

.0109 .Amended 

lOF .0304 Amended 

.0309 Amended 

.0350 /Vmended 

15 .0104 .Vmended 
.0203 - .0204 /Vmended 
.0402 /Vmended 
.0501 rVmended 
.0601 - .0603 /Vmended 
.0701 Amended 
.0801 /Vmended 
.0803 Amended 
.0903 /Vmended 
.1002 -.1003 rVmended 

nFI'ARIMFNT OF I'l Hl.lC FPLCATION 

16 NCAC 6D .0105 Temp. .Amended 

Expires 08-18-90 

DKI'VRlMKNr OF RFXKNFF 



17 NCAC 91 .0102 -.0103 * Correction 

BOARD OF COSMFTIC ARl FXAMINFRS 

21 NCAC 14.\I .0001 .Amended 

.0024 Adopted 

BO \Rn FOR (;foi (k;ists 

21 NCAC 21 .0107 Amended 

.0301 - .0302 Amended 



2n 5:2 \ORTH CAROLLXA REGISTER April 16, 1990 



FINAL RULES 



BOARD or lANDSCAPK ARCIHIKCTS 

21 NCAC 26 .0105 Amended 

BOAKH Ol MKDK Al, KXAMINKRS 





21 




NCAC 


32B 


.0205 
.0214 
.0303 
.0309 




BOARD Ol 


M RSINC 


36 


.0404 






21 




NCAC 




Ol 1 


l(K 


Ol 


ADMIMSIRAIIM IIKAR 


NGS 




26 




NCAC 


1 

3 


.0001 
.0008 
.0019 
.0022 
.0026 
.0030 





Temp. Repealed 
Hxpircs 07-01-90 
Temp. Amended 
Expires 07-01-90 
Temp. Repealed 
Expires 07-01-90 
Temp. Amended 
Expires 07-01-90 



Amended 



^Smcnded 
Amended 
Amended 
Amended 
Amended 
/Vmended 



>:2 NORTH CAROLINA REGISTER April 16, 1990 232 



\()R Til CA R()IJ.\A i DMf.MSTRA TI\ E CODE CLASSIEICA TIOS SYSTEM 



ihe Xorrh Carolina Adniinisiralive Code ' SCAC i hasfnur major suhdivisinns of rules. Two 
of these, lilies and chapters, are mandaiory. The major subdivision of the XC.IC is the title. 
Each major department in the Xorth Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall he numerical 
in order. The other two, subchapters and sections are opiiotuil subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THi: NORTH CAROLINA ADMIMSIRA IIM: CODE 



irri.E 



DEPARTMENT 



1 


Administration 


2 


Agnculture 


3 


Auditor 


4 


I'conomic and Community 




Dc\elopment 


5 


CoiTCction 


6 


Council of State 


7 


Cultural Resources 


S 


Elections 


q 


Governor 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


I ahor 


14A 


Crime Control and Public Safety 


15. \ 


I n\ironirient. Health, and Natural 




Resources 


16 


Public Education 


17 


Re\enue 


IS 


Secrctapv' of State 


19A 


Transportation 


20 


Treasurer 


"21 


Occupational I icensing Boards 


->-) 


Adm!nistrati\'e Procedures 


23 


(Community Colleges 


24 


Independent Agencies 


25 


State Personnel 


26 


Ai.imini^trati\'e I learings 



LICENSING BOARDS CHAPTER 

Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant I xaminers 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Eoresters 20 

Geologists 21 

Hearing .Aid Dealers and Litters 22 

I andscape Architects 26 

I andscape Contractors 28 

Marital & EamUy Therapy 31 

Medical Examiners 32 

Midwiten,' Joint Committee 33 

MortuaPv Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

OptometPv' 42 

(Osteopathic Examination and 44 
Registration 

Phamiacy 46 

Plnsical LherapN' Examiners 48 

Plumbing and Heating Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

I'racticing Psychologists 54 
Professional Engineers and 1 and Suneyors 56 

Real Estate Commission 5S 

Refrigeration Examiners 60 

S;mitanan Examiners 62 

Social Work 63 

Speech and I anguage Pathologists and 64 
Audiologists 

\'etennarv" Medical Board 66 



Note: 1 itle 21 contains tiie chapters of the \arious occupational licensing boards. 



.\()RTH CAROTISA RECISTER April 16,1991) 



CUMULA THE INDEX 



CiWILLATn E I.\DEX 

(April J 990 - March 1991) 



1990 - 1991 

Pages Issue 

1 - 151 1 - Apnl 

152- 235 2 - Apnl 



AO - Administrative Order 

AG - y\ttomcy General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 



ACRICLLFl RE 

Plant Conservation Board, 1 PR 
Structural Pest Control Committee, 7 PR 

CRIME CONTROL AND PI BEIC SAFETY 

State Highway Patrol, 53 PR 

ECONOMIC AND COMMIAII V 1)E\ EEOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR 
Milk Commission, 24 PR 

ENMRONMEN T, HEAETII, AND NAIERAE RESOURCES 

Coastal Management, 136 PR 

Fn\ironmental Manaszement. 54 PR, 193 PR 

Health Ser\ices, 190 PR 

Marine Fisheries. 63 PR 

\\'ildlife Resources and Water Safety, 137 PR, 206 PR 

EINAE RELES 

I ist of Rules Codified, 143 FR, 226 FR 

IIEMAN RESOERCES 

Health Ser\ices, 152 PR 

Medical Assistance. 191 PR 

Mental Health, Mental Retardation and Substance /\huse Services. 2^) PR, 

Water Treatment Facility Operators Board of Certification, 27 PR 



5:2 NORTH CAROLINA REGISTER April 16, 1990 2i4 



CUMULA TIVE ISDEX 



JISIICE 

Attorney General. Office of the. 102 PR 

LICF.NSrsr. BOARDS 

Medical Fxammers. Board of, 207 PR 

PUBLIC EDUCATION 

Elementary and Secondars'. 141 PR 

RF.M.NUE 

Sales and L'se Tax, 213 PR 

TRANSPORTATION 

.Motor \'ehicles. Division of. 222 PR 



235 5:2 yORTH CAROLLXA REGISTER April 16. 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 52 volumes, totaling in excess of 1 5,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for se\-en hundred and fifty dollars (S750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



\'olumc 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


F-uU C(ide 

1 

-) 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 


1 - 37 
1 - 24 
25 - 52 
1 - 4 
1 . 2 

3- 20 
1 . 2 

3 - 4 

1 - 4 

1 - 11 

1 - 9 

1 - 4 
1 . ~i 

3A- 3K 
3L - 3R 

3S - 3U 

4- 6 

7 

8- 9 

10 

11-14 

15- 17 

18 

19 - 30 

31 - 33 

34-41 

42 

43 - 51 

1 - 15 


All titles 

Administration 

Agriculture 

Agriculture 

Auditor 

ECD (includes ABC) 

ECD 

Correction 

Correction 

Council of State 

Cultural Resources 

Elections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(includes CON) 
Human Resources 
Human Resources 
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(includes Breathalizer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
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Human Resources 
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Human Resources 
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$750.00 
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30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




-> 




3 




4 




3 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




->-> 




23 




24 




25 




26 




27 




28 






Continued 



\'oIiimc Title 







New 


Chapter 


Subject 


Subscription 


1 - 12 


Justice 


90.00 


1 - 6 


labor 


30.00 


7 


OSHA 


45.00 


8- 15 


I .abor 


45.00 


1 - 11 


Cnme Control and 






Public Safety 


45.00 


1 - 2 


EHNR (includes EMC) 


90.00 


3- 6 


rUNR 


45.00 


7 


Coastal Management 


45.00 


8 - 9 


I-IINR 


30.00 


10 


Wildlife 


45.00 


11-22 


riiNR 


60.00 


1 - 6 


rducation 


30.00 


1 - 6 


Resenue 


75.00 


7- 11 


Re\enue 


60.00 


1 - 7 


Secretar>' of Slate 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


I icensinsz Boards 


75.00 


17 - 37 


Licensing Boards 


75.00 


38- 70 


Licensing Boards 




1 - 2 


Administrative Procedures 


75.00 


1 - 2 


Community Colleges 


10.00 


1 - 2 


Independent Agencies 


10.00 


1 


State Personnel 


60.00 


1 - 4 


Admmistrative I learinas 


10.00 



Quantity 



Total 
Price 



29 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


34 


15A 


35 


15A 


36 


15A 


37 


15A 


38 


15A 


39 


15A 


40 


16 


41 


17 


42 


17 


43 


18 


44 


19A 


45 


20 


46 


21 


47 


21 


48 


21 




22 


49 


23 


50 


24 


51 


25 


52 


26 



lotal 



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